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DOCUMENTS DEPT. 
SAN FRANCISCO 
PUBLIC LIBRARY 



SAN FRANCISCO PUBLIC L| BR*«| 

"3 1223 90119 8565 



13 



7979 



Digitized by the Internet Archive 

in 2012 with funding from 

California State Library Califa/LSTA Grant 



http://archive.org/details/staffreporttosan1969sanf 



STAFF REPORT 

to the 



SAN FRANCISCO 
CITIZENS CHARTER REVISION COMMITTEE 



Part 1 

Staff Recommendations 

for 

Discussion 

Only 

February 1969 



564 Market Street, Room 703 

San Francisco, California 94104 

(415) 421-7627 



SAN FRANCISCO 
CITIZENS CHARTER REVISION COMMITTEE 

564 Market Street, Room 703 

San Francisco, California 94104 

(415) 421-7627 

February 28, 1969 



George A. Williams, Jr. 
Slalt Director 



J Bradley Bunnin 
Counsel 



TO: Members of the Charter 
Revision Committee 



Pursuant to your direction, we have prepared, and 
submit to you in this report, our recommendations 
for changes in those portions of the charter being 
studied during the first year. 

Since this report is to be distributed widely in 
the community for reaction and comment before it 
is considered by you, we have included in it, for 
the benefit of the community, some relevant back- 
ground information. 

Part I of the report, which is enclosed, contains: 

a table of contents. 

an introductory description of the San 
Francisco Charter Revision Committee and 
its responsibilities. 

a brief background of the charter and why 
revision is important. 

the Staff's general recommendations for 
revisions in the charter and the reasons 
for them . 

Part II of the report, which is separately bound, 
contains: 



a table of contents. 

A text of proposed charter provisions 
carrying out the general recommendations 
contained in Part I and commentary explaining 



Charter Revision Committee Members 
Page Two 

their derivation, purposes, and some 
of the alternatives to them. 

Part III of the report, which is also separately 
bound, contains: 

the text of the present charter sections 

under study and an explanation of how 

they would be affected by the recommendations 

Copies of Parts I, II, and III of the report will be 
made available to the public, on request, through the 
Committee office. 

Respectfully submitted, 



George A. Williams, Jr. 
Staff Director 



STAFF REPORT 

TO THE 

SAN FRANCISCO CITIZENS CHARTER REVISION 
COMMITTEE 

February 1969 

Part I 

Staff Recommendations 
for Discussion 
Only 



546 Market Street 
San Francisco, 94104 
421-7627 



D 



TABLE OF CONTENTS 

INTRODUCTION 1 

STAFF RECOMMENDATIONS 2 

Background 4 

Objective : A Clear, Concise Charter . 



8 



1. Form, style and contents of the 9 
charter . 

Objective : A More Effective Board of 10 
Supervisors . 

2. The staff of the Board. 10 

3. Supervisors' aides. 11 

4. The City Calendar. 12 
.7 ^j 5. The Consent Calendar. 13 

^^'- 6. The General Code. 13 

Sa^dc-Jl^^l 7. Budgetary powers. 14 

8. Powers of inquiry and 16 
7i~~ l<yL restrictions on influence. 

Objective : An Effective and Responsive IV 
Executive Branch . 

9. The executive office. 18 

10. The mayor's staff. 18 

11. Office of the CAO. 19 

12. The planning department, its 20 

director and functions. 

13. The budget department, its 21 

director and functions. 

14. Agencies and their purposes 21 

and functions . 

15. Establishment of six agencies. 26 

16. Functions of boards and commissions. 29 

17. Fire and police departments. 31 

18. Reorganizational powers. 32 

Objective : An Effective Budget and Strong 33 
Fiscal Controls . 

19. Formulation of the budget. 33 

20. The form and contents of the budget. 35 



21. A summary of the budget. 36 

22. Watchdoq function of the controller. 38 

23. Transfers of funds. 39 



Objective : Independent Safeguards for Honest , 40 
Fair Government . 

24. Appointment and term of controller. 40 

25. Administrative standards and 41 

procedures . 

26. Establishment of office of information 42 

and complaints. 

27. Board of appeals -- membership, procedures, 42 

staff. 

Objective : Citizen Participation in Government . 44 

28. Neighborhood and community councils and 45 

boards . 



INTRODUCTION 



The San Francisco Citizens Charter Revision Committee 
was appointed by the Mayor in February 1968, pursuant to 
a resolution of the Board of Supervisors unanimously 
adopted in October 1967. The Committee consists of twenty- 
one members, selected to be broadly representative of the 
citizenry of San Francisco. It is assisted by a pro- 
fessional staff. 

The Fsoard of Supervisors fixed the topics for each 
of the Committee's three years of study. The first year's 
work is to cover the structure and organization of City 
and County government, including the duties and respon- 
sibilities of the Board of Supervisors, the Mayor, the 
Controller, the Chief Administrative Officer, and all 
boards and commissions except the Civil Service Commission, 
the Board of Education, Retirement Board and Health Services 
Board. The second year is to be devoted to a study of the 
rights and responsibilities of City and County employees. 
The third year is to cover everything else. 



After holding several organizational meetings and 
establishing an office and staff, the Committee held 
weekly study sessions for nearly five months, at which it 
listened to and questioned witnesses. The members studied 
staff papers, which contained background information on 
the history of various charter provisions, analysis of how 
San Francisco city government operates, and a description 
of the approaches taken by other cities. The Committee 
also held two widely publicized public hearings at which 
interested citizens spoke and were questioned. 



As the Committee finished each stage of its inves- 
tigation, it adopted tentative propositions - 60 in all- 
which were not intended to be binding on the Committee 
but were designed to sum up its reactions to the testi- 
mony and written material presented to it. These tenta- 
tive propositions were given to the staff to guide it in 
preparing the recommendations contained in this report. 



STAFF RECOMMENDATIONS 



The staff has been guided in preparing these recom- 
mendations by the testimony of witnesses before the Com- 
mittee, by the response of City and County officers and 
employees in interviews and to questionnaires, and, most 
importantly, by the sixty tentative propositions and the 
Committee's discussion about them. The tentative proposi- 
tions have been regarded as binding on the staff, as an 
indication of the Committee's present thoughts about the 
Charter and what should be done about it. 



A review of the testimony, questionnaires, tentative 
propositions, and Committee discussion reveals six domi- 
nant themes on which there appears to be substantial con- 
sensus. These themes can be regarded as the six objectives 
which revision of the charter should achieve. 



First , the charter should be simple, clear, and pro- 
vide for flexibility. Details of organization and proce- 
dure should appear in ordinance, executive order, and 
rules and regulations, not in the Charter. 



Second , the Board of Supervisors, as the City's leg- 
islature, should be equipped to assume its proper role as 
the major instrument of policy-making. The body most rep- 
resentative of the people should make or review the big 
decisions that guide the City's course, and the present 
charter limits the power of the Board to do so. Legis- 
lative procedures should be simplified and the Board's 
role as a check and a prod on the executive should be 
better defined. 



Third , the executive branch of government — the Office 
of the Mayor, the Chief Administrative Officer, the boards 
and commissions, and the departments--should be restructured 
to assure effective, coordinated City management. The 
present structure produces a tendency toward narrow, iso- 
lated action, which defeats attempts to give City govern- 
ment overall direction. 






Fourth , the budget and fiscal processes should be re- 
vamped so that the development and administration of the 
budget can become an effective instrument of City manage- 
ment . 



Fifth , the basic system of safeguards which 
has protected San Francisco against major graft and cor- 
ruption should be retained. City government should also 
provide means whereby citizens can have their complaints 
heard and acted on, and should also provide for safeguards 
against administrative excess. 



Sixth , San Francisco's government should be organized 
so that it is open to participation by the people. The 
charter should guarantee that the government informs the 
people of what it is doing and that the people have a 
chance to tell their government what they want. 



* * * * 



To provide perspective to the recommendations to follow, 
particularly for those readers who are not intimately 
familiar with the present charter, a brief background 
with some of the reasons why revision is important follows 



3. 



BACKGROUND 



Under the "home rule" provisions of the California 
Constitution, the residents of San Francisco have chosen 
to determine the organization and many of the pro- 
cedures of their City government by adopting a charter. 
Cities without charters are governed in every detail by 
provisions of state law. The residents of charter cities, 
however, are allowed to establish, through the charter, 
the basic framework of authority and responsibility for 
city government and the fundamental relationship between 
the branches of government. 



San Francisco has had five charters. Each of the 
five charters reflected the needs of its time, and each 
responded to problems either created or at least not 
solved by the last charter before it. 



The charter of 1931, the City's present one, was, 
like all charters, the result of conditions and needs 
which existed when it was drafted. By 1931 City govern- 
ment had become "maze-like" and information about it 
hard to find. Divided or conflicting authority and 
intervening boards and commissions made it impossible 
to fix responsibility, and fixed terms made it possible 
for commissioners to oppose the executive control of 
the Mayor. 



Under the charter of 1898, then in effect, members 
of the Board of Supervisors operated as if they were the 
administrators of a county, rather than as a city legis- 
lature. The Board conducted much City business directly, 
without professional assistance. As a result, the Board 
was overwhelmed with detail. Because City government 
lacked both central purchasing and central accounting, 
and the budget was largely the result of political 
haggling, the system was open to manipulation and mis- 
management . 



The kind of petty graft that characterized the City, 
mostly involving favoritism in contracts and purchasing 



and hiring, led to the adoption in the 1931 charter 
of the civil service system, the Chief Administrative 
Officer, and detailed accounting, purchasing, and 
contract-letting procedures. 



The Chief Administrative Officer was to be one 
of the new breed of professional managers for cities 
He was given charge of those departments which had 
been the most fruitful for the influence peddlers. 
The idea was to keep "politics" out of government. 



Accounting and budgeting procedures were spelled 
out in great detail, and another independent figure, 
the Controller, was installed to oversee them. He, 
too, was to be a professional, and, like the Chief 
Administrative Officer, was given what amounts to life- 
time tenure in his joo. 



The impact of these charter innovations on San 
Francisco in the nineteen sixties is substantial. 



Because the provisions on accounting and budget- 
ing systems are so detailed, they inhibit the City 
from adopting new techniques which could make City 
government far more effective. 



The Office of the Controller, because of its 
authority over preparation and administration of the 
budget, has been called the single most powerful in 
City Hall. Yet, the Controller is still appointed for 
what amounts to life, and is not responsible to the 
people . 



The administrative skills of a chief administrative 
officer, confined to what were thought of as "house- 
keeping" functions in the thirties, should be applied 
across the board, to every operating department in City 
government. Public administration, a new field in the 
early part of the century, has come of age, and nearly 
every large city places professionals near the top of 
the executive structure and gives them broad authority. 
But again, the need for responsiveness to elected 



representatives and to the people is apparent for 
anyone charged with such great responsibility; life 
tenure is not appropriate. 



Thirty-eight years have passed since the adoption 
of the present charter. Like the provisions of 
earlier charters, many provisions are nearing the end 
of their useful life. The residents of San Francisco 
must once more consider what shape their government 
will have for the next generation. 



There are new problems, and old problems exist 
on a scale unimaginable thirty-eight years ago. San 
Francisco's current budget is over half a billion 
dollars, nearly seven times larger than the budget in 
1931, when the charter was adopted. The services 
City government is called on to perform are vastly 
different from those provided in that early depression 
year. 



Today the nation faces a "crisis of the cities.' 
San Francisco, too, has its share of crisis, but the 
City has unique advantages which may enable it to 
steer a course away from crisis toward resolution. 



Perhaps alone among the major cities of the 
country, San Francisco has the opportunity to remain 
a viable economic entity with a diverse, cosmopolitan 
population. Compact size, a concentration of powers 
resulting from its unique city-county status, a cultural 
vitality and a tradition of energetic public will -- 
these are the assets which, if wisely invested, can 
save the City from the decline and bankruptcy facing 
other central cities . 



6. 



But the City's aging charter inhibits the full 
and effective use of those assei.s. Charter revision 
cannot guarantee that problems will be solved, but it 
can remove roadblocks which now frustrate efforts to 
solve them, and equip City government to respond to new 
challenges fairly, skillfully, and economically. 



THE FIRST OBJECTIVE: A CLEAR, CONCISE CHARTER 



The U. S. Constitution has something less than 
8,000 words of text. The California Constitution, now 
being modernized, contains some 59,000 words. San 
Francisco's charter, amended nearly 400 times since its 
adoption in 1931, has more than 110,000 words. Nearly 
every witness, and almost all questionnaires returned by 
City and County officers and employees, complained that 
the charter is too long, contains far too much detail, 
and in many cases can be understood only after a good 
deal of study, if at all. 



The charter got that way as the result of a number 
of factors. The style of legal writing which prevailed 
in 1931 was wordy and complicated. The charter was filled 
with detailed procedures . The charter draftsmen were in 
a hurry, because they were working against an unrealistic 
deadline. The entire charter was written in a period of 44 
working days; there was no time to be concerned about clar- 
ity, style, or repetition. 



Many provisions were included in anticipation of events 
which were expected to take place soon — such as return of 
the port, and merger with San Mateo County. The return of 
the port has finally occurred, some 38 years later; charter 
provisions drafted in 1931 were found to be unusable. 
Merger with San Mateo County seems at best unlikely, and 
will require new provisions if it ever does occur. 



Other obsolete language also clogs the charter and 
makes it hard to follow. Many dead provisions remain 
only because the amendments which killed them did not 
at the same time remove them. Many others were added 
for a specific, one-time purpose, long since accomplished. 



The results of the charter's length and detail are 
serious. The charter does not, for example, provide a 



8. 



clear picture of the way City government is put to- 
gether. This is one of the reasons residents of San 
Francisco have problems finding out who in their govern- 
ment is responsible for what. 



Inclusion in the charter of many details of govern- 
ment more properly covered by ordinance makes it diffi- 
cult for the City to adopt new methods and equipment 
and therefore to be as effective and economical as it 
might be . 



Finally, the charter is too hard to understand. 
The need for legal precision cannot be ignored, but 
legal writing can be concise and clear; every added 
word makes misunderstanding more likely. The charter 
is a basic document, and belongs to every resident of 
San Francisco. It should not contain one word which 
makes it needlessly difficult to understand. 



RECOMMENDATION # 1 



The charter should be clear, precise, and under- 
standable. Details of procedures and organization should 
appear in ordinance, executive order, or rules and 
regulations, to permit flexible response to the need 
for change. Obsolete provisions should be eliminated. 



This recommendation is carried out in 
the proposed charter provisions which 
appear in Part II of this report and 
in the proposed charter deletions 
shown in Part III of this report. 



THE SECOND OBJECTIVE : A MORE EFFECTIVE BOARD OF 

SUPERVISORS 



The tentative propositions recognized the unique 
importance of the Board of Supervisors in the structure 
and operations of City government. The Board is the 
City's legislature. It has the final word, through its 
power to overrule the Mayor's veto, on all legislation. 
The Board's deliberations are open, and through its 
committees it provides the residents of the City a 
major opportunity to speak and be heard. And, as elected 
representatives of the people, Supervisors monitor the 
activity of the executive branch. 



Staff for the Board of Supervisors 



The Board is severely handicapped in its policy- 
making function, and its role as the major check on and 
prod to City administration, by a lack of independent 
staff with specialized skills. This handicap reduces 
the ability of the Board to gather and evaluate infor- 
mation, and to arrive at decisions with complete inde- 
pendence of the officers and agencies it must evaluate. 



RECOMMENDATION #2 



The Board should be authorized, by charter, to 
appoint its clerk and a staff of five persons with 
knowledge and training in special areas. 



By performing much the same kind of services for 
the Board as the Legislative Analyst does for the Cali- 
fornia legislature, the staff of five could be expected 
to save the City the cost of its salaries many times 
over. Although the Board's most pressing present need 
is for assistants who can analyze the budget, the titles 



10 



and duties of this staff are not spelled out, because 
its role will change as the problems facing the Board 
change . 



The clerk and the staff of five should be appointed 
and subject to removal by the Board, exempt from civil 
service. Because an important part of their job will be 
to evaluate City administration, including the civil 
service, they must be independent of the executive. 



Proposed charter provisions carrying out 
this recommendation appear in Section A.lo3 
of Part II of this report. 



Staff for Individual Supervisors 



Each Supervisor is elected to serve as an indepen- 
dent legislator. He can achieve this independence only 
if he is well-informed. The job of keeping well-informed 
on the multitude of subjects a Supervisor is expected 
to master is an enormous one. What is more, for many 
City residents, the Supervisor is the only visible source 
of help in solving problems with City government. If 
the Supervisor is to fulfill his roles as representative 
of the people and as a legislator making independent 
judgments, he needs assistance. 



RECOMMENDATION #3 



Each Board member should be authorized to appoint 
one aide. Supervisors' aides should serve at pleasure, 
exempt from civil service, because of the likelihood 
that the nature of the job will vary considerably depend- 
ing on the Supervisor, and the close personal relation- 
ship between the Supervisor and his aide. 



11. 



These employees - clerk, staff, and aides - should 
be prohibited from taking part in municipal political 
campaigns, to protect against possible abuse of their 
services. 



Proposed charter provisions carrying out 
this recommendation appear in Section 2.103 
of Part II of this report. 



The Legislative Process 



How the Board makes law is the next area of concern. 
The tentative propositions, and the testimony supporting 
them, suggest that improvement in the legislative process 
will save considerable time and lead to more effective 
use of money. Present practices of notice and publication, 
for example, are costly but ineffective. One daily news- 
paper is selected as the official newspaper, and is 
required to print City matters in only one edition, which 
is often hard to find. The residents of San Francisco 
thus receive inadequate advance warning of what their 
City's government proposes to do. The Board is burdened 
with an old-fashioned and time-consuming procedure of 
"reading" and automatic reference to committee, required 
before legislation may be enacted. And committee pro- 
cedures are less informative to the Board than they might 
be. 



RECOMMENDATION #4 



Notice and publication requirements should be changed, 
so that items of general public interest receive much 
wider official publicity, through publication of a brief 
but informative summary of all matters of general interest 
in all local editions of at least two newspapers of 
general circulation in the City and County, at least one 
of them a daily. For routine items, more limited pub- 
licity should be allowed. 



Proposed charter provisions carrying out 
this recommendation appear in Sections 
2.201 and 2.202 of Part II of this report, 



RECOMMENDATION #5 



The Board should de authorized to adopt a "Consent 
Calendar" , so that only items of general public interest 
need be referred to committee. This would free members of 
the time-consuming need to go through the motions on 
minor technical amendments to ordinances and allow them 
to spend time on matters of importance. To protect against 
hasty or ill-considered action on a proposed ordinance, 
any one member of the Board should be able to require that 
the full procedure be followed. 



Any ordinance referred to committee should be the 
subject of a written report by the committee, summarizing 
any testimony on the ordinance presented at committee 
hearing. 



The present requirement of "readings" should be 
abandoned, but the requirement that an ordinance must be 
approved twice before passage should be retained. 



Proposed charter provisions carrying out 
these recommendations appear in Sections 
2.301(e) and (g) of Part II of this report 



RECOMMENDATION #6 



All ordinances of continuing, general effect should 
be organized into a General Code to be printed and made 
easily accessible to the public. Its various sections 
should be kept current. 



Proposed charter provisions carrying out 
these recommendations appear in Section 
2.309 of Part II of this report. 



13. 



The Board and the Budget 



Not only lack of staff, but also the difficulties 
of the budget process, impede the Board's attempts to 
serve as major policy-makers and to control City expen- 
ditures. Proposals for change in the allowable form, 
content, and method of preparing the budget appear in 
Recommendations 19 through 21. The importance of the 
budget process warrants discussion here, however, be- 
cause of its impact on the Board's ability to guide 
the City and County in an economical and effective way 



The Board now lacks adequate control over munici- 
pal expenditures. In part this results from the bud- 
get's size and complexity, and the short time available 
to review it. Of greater significance is the Board's 
limited discretion to make changes in the budget as it 
is proposed. Because it can only delete items or pro- 
grams from the budget (except for capital improvement 
items) the Board must consider proposed programs and 
expenditures on a take-it-or-leave-it basis . This means 
that the Board can perform as a check on the executive 
but not as a prod. Even as a check, its capability is 
greatly reduced since there is often no way of predicting 
the effect of reductions or deletions of proposed ex- 
penditures on City programs. 



The Board also lacks adequate control over reve- 
nues, the other half of the budget. Utility revenues, 
for example, are determined largely by the rates which 
are set by the Board. Yet if only four out of the eleven 
supervisors wish to do so, the Board must accept the 
utility rates proposed by the Public Utilities Commission. 



Finally, the Board is forced, every year, to adopt 
the budget before major classes of revenue and expen- 
diture can be fairly predicted. Salary standardization 
postpones final salary calculation until several weeks 
after the beginning of the fiscal year, and the tax 
assessment rolls are not finally completed until August, 
six weeks after the budget is adopted. 



14, 



These flaws cost the Board its ability to control 
expenditures, and to substitute new programs for old. 
Thus, the Supervisors, who are ultimately responsible 
to the people for the budget and the tax rate, have 
little authority over either. 



RECOMMENDATION #7 



The Board of Supervisors should be empowered to 
add, delete, substitute, or modify programs or items 
in the proposed budget, and should be able to make 
decisions about utility revenues and expenditures by. 
a majority vote. The Board should have two months to 
consider the budget before it is expected to adopt it 



The charter should provide a means for post- 
poning adoption of the budget or changing the starting 
date of the City's fiscal year if the Board of Super- 
visors chooses to do so, so that the budget would not 
have to be adopted before all relevant fiscal facts, 
especially salaries and the tax roll, can be known. 



Proposed charter provisions carrying 
out these recommendations appear in 
Sections 4.200 and 4.202 of Part II 
of this report. 



15 



The Board and the Executive Branch: Comment Without 
Interference . 



As the tentative propostions and a great number 
of witnesses have pointed out, the people of San 
Francisco expect their elected representatives to help 
them solve the day-to-day problems they face in dealing 
with City government. The final group of recommendations 
for the Board of Supervisors has to do with present 
Sections 21 and 22 of the charter, which make this 
difficult. 

Section 21 explicitly gives the Board powers of 
inquiry and investigation into all aspects of City busi- 
ness. Section 22 states that members of the Board shall 
not "dictate, suggest, or interfere with" personnel 
matters, City contracts and purchasing, or "other admin- 
istrative recommendations or actions" of key executives. 



The intent of Section 22 was to protect adminis- 
trative personnel against harassment and to prevent 
Supervisors from forcing administrative decisions which 
would financially benefit a Supervisor or his friends 
and supporters. But Section 22 has been interpreted 
to go much further than that. "Suggestion" and "inter- 
ference" have been interpreted to include comment on 
the whole range of administrative action or inaction. 
This interpretation denies the Board one of its most effec- 
tive means to act as an independent check and prod on 
City administration. The baby has been thrown out with 
the bath: in the overzealous pursuit of clean govern- 
ment, representative government has been lost. 



RECOMMENDATION #8 



Sections 21 and 22 should be clarified, to pre- 
serve valid and necessary safeguards against coercing 
administrative action through legislative blackmail, 
and at the same time preserve to elected legislators 



16, 



their rightful and necessary power to inquire into and 
comment on the conduct of City business. The clarified 
provisions should require that any such comment be public, 
to prevent abuse of influence. 



Proposed charter provisions carrying 
out these recommendations appear in 
Sections 2.400 and 2.401 of Part II 
of this report. 



THE THIRD OBJECTIVE: AN EFFECTIVE AND RESPONSIVE 

EXECUTIVE BRANCH 



The Executive Office 



It is startling but true: no single office has 
overall responsibility for the effective and efficient 
functioning of the executive branch of City and County 
government . 



The charter says that the Mayor is the chief 
executive officer but many kinds of restrictions im- 
pair his authority. The charter gives virtual autonomy 
to the Public Utilities Commission and the Chief Admin- 
istrative Officer, who have a total of 13 major admin- 
istrative units under them. A number of other major 
departments are run by commissions with a surprisingly 
large degree of independence. The Mayor is responsible 
for submitting a budget to the Board of Supervisors, 
but his powers to act on the budget are quite limited. 



The budget is not employed as a critical manage- 
ment tool; the Mayor's Office has a budget staff but 
it is too small and its mission too narrow. Planning 
should be a key management tool leading to better ex- 
ecutive decisions for all aspects of City government. 
But the charter relegates planning to a city planning 
department which operates independently of the Mayor's 
Office, and restricts planning activity primarily to 
physical land use. 

17. 



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RECOMMENDATION #9 



The overall responsibility for the effective and 
efficient administration of the executive branch should 
be vested in an executive office to consist of the 
Mayor and his immediate staff, the Chief Administrative 
Officer (who should be the Deputy Mayor for Administra- 
tion) , the Planning Department (the existing city plan- 
ning department reoriented in function) , and the Budget 
Department (with responsibility for developing and ad- 
ministering a comprehensive budget) . Discussion and 
description of the individual parts of this overall 
recommendation follow. 



Mayor's Staff , 



As noted in the tentative propositions, the Mayor 
is expected to be the full-time executive officer, the 
City's chief ceremonial and symbolic representative, 
the chief spokesman for the City in its relations with 
other governments— local , regional, state, and federal, 
and an initiator of needed legislation. This is an 
enormous order. He needs adequate staff to help him 
fulfill it. 



RECOMMENDATION #10 



The charter should provide the Mayor the oppor- 
tunity to appoint an immediate staff of eight. 



The Mayor should be free to define the titles and duties 
of the jobs assigned to the staff; not every mayor will 
wish to employ his staff in the same way. Because of 
the close relationship between each mayor and his im- 
mediate staff, its members should serve exempt from 
civil service. At present, all but three members of 
the Mayor's staff are 'temporary 1 ' civil service appointees, 
a technique that has been used by a succession of mayors 
because the Mayor must be able to make staff changes with 
freedom. 



Proposed charter provisions carrying 
out this recommendation appear in 
Section 3.204 of Part II of this report 



The Chief Administrative Officer, 



The Mayor cannot perform all the functions which 
his office requires and at the same time devote enough 
time to the details of administration which effective 
supervision requires. Furthermore, the qualities which 
make a person uniquely suited to perform many of the 
functions of a mayor, and may have helped him get elected 
to begin with, will not necessarily make him a good ad- 
ministrator of the half-billion dollar enterprise which 
is San Francisco government today. 



There is, therefore, need for an executive at the 
top level of City government who posses es the special 
skills of a city manager and who works under the direc- 
tion of the Mayor, overseeing the operations of the ex- 
ecutive branch. 



The 1931 charter went part way toward meeting this 
need by providing for a Chief Administrative Officer. 
The intent of the 1931 charter framers was to place 
certain functions under the supervision of a skilled 
and experienced administrator and to insulate him by 
making the position virtually a lifetime appointment. 



19, 



But that office, as most witnesses who commented 
on it observed, is both too limited in scope and too 
isolated from accountability to the public. 



The office is too limited because the many depart- 
ments not under the Chief Administrative Officer are 
not subject to the sort of administrative supervision 
which leads to smooth, coordinated operations. And the 
office is too isolated in that the Chief Administrative 
Officer is required to make many major policy decisions 
which should be made by elected officials, directly 
accountable to the people at election time. 



RECOMMENDATION #11 



The office of the Chief Administrative Officer 
should be elevated to the status of Deputy Mayor for 
Administration, and given responsibility, under direc- 
tion of the Mayor, for supervision of all offices, agen- 
cies, and departments in the executive branch. Because 
the working relationship between the Mayor and his Deputy 
for Administration must be a close one, the Chief Admin- 
istrative Officer should be appointed by the Mayor and 
removable by him. 



Proposed charter provisions carrying 
out this recommendation appear in 
Section 3.210 of Part II of this report 



Planning and Budget 



Planning and budget, now far removed from the 
executive decision-making process, should be very 
much a part of it. By providing the Mayor and the 
Chief Administrative Officer with systematic, coordi- 
nated information about the City's short-run and long- 
run prospects, the Planning and Budget Departments 
would make possible far more effective use of the 
City's resources. 



20. 



RECOMMENDATION #12 



The Planning Department should be made part of 
the executive office. The Planning Director should be 
appointed by the Mayor and removable by him. The de- 
partment should expand its planning activities in 
the economic and social areas and take a larger role 
in helping prepare the budget, as well as continuing 
its physical planning activities. The Planning Com- 
mission should be retained to assure that a broad 
spectrum of views is reflected in the plans developed 
by the Planning Department. 



Proposed charter provisions carrying 
out this recommendation appear in 
Sections 3.230, 3.231, and 3.232 of 
Part II of this report. 



RECOMMENDATION #13 



A new department — the Budget Department--should be 
established and made a part of the executive office. 
This department would have primary responsibility for 
preparing and administering the budget, for financial 
planning, for evaluating program operations, and for 
establishing City and County accounting systems. The 
director should be appointed by the Mayor and removable 
by him. 



Proposed charter provisions carrying 
out this recommendation appear in 
Sections 3.220 and 3.221 of Part II 
of this report. 



Organization of Operating Departments . 



San Francisco has an opportunity unique among 
California cities. Because it is a combined city and 



21 



county, the conflict, confusion, overlap, and waste 
which often occur where these levels of government are 
separate need not exist here. 



The tentative propositions, and the testimony 
which preceded them, indicate that the City has not 
taken full advantage of its special opportunity. In- 
stead, San Francisco's government is fragmented, com- 
plicated, confusing, and lacking in clear lines of 
responsibility and authority. 



The nature and effects of these flaws have been 
well-documented, in testimony before the Committee, at 
its public hearings, and in numerous reports made by 
consultants and by civic groups such as the League of 
Women Voters, SPUR, and the Blyth-Zellerbach Committee, 



When the charter was adopted in 1931, City govern- 
ment was small and limited in scope. The airport was 
of minor importance to all but a few daring travelers. 
The state owned the port, and the City had not yet fully 
acquired its public transit network. Widespread govern- 
ment attention to housing, urban renewal, and various 
social problems did not exist. 



Since 1931, the role of government has grown 
enormously — in Washington, in Sacramento, and in San 
Francisco. Every resident feels its frequent impact. 
As activities of City government have grown, govern- 
ment itself has grown to match. Unfortunately, as the 
testimony of a number of witnesses indicated, there has been 
no rational pattern to the growth, largely because the 
charter did not provide for it. Furthermore, the number 
of City administrative units has far outstripped the 
capacity of City leaders to coordinate or control them. 
The result has been the City's presently cumbersome 
organizational chart, the charter's bewildering step- 
child: 



22. 




23. 



In addition to the Mayor, there are within the 
executive branch (this excludes the courts and the 
schools) six elected officals; the Chief Administrative 
Officer; the Controller; sixteen charter boards and 
commissions, most with large departments under them; 
one major commission created by ordinance; a number 
of other commissions and committees; nine departments 
and offices under the Chief Administrative Officer; and 
four departments under the Public Utilities Commission. 
In addition, there are several major special governmental 
bodies, such as the Redevelopment Agency, and a number 
of other semi-public non-profit corporations which are 
not a part of city and county government but are designed 
to serve and vitally fiffect the well-being of San Francisco 



The Mayor is charged with the responsibility "to 
supervise the administration of all departments under 
boards and commissions appointed by him" and "to co- 
ordinate and enforce cooperation between all depart- 
ments of the city and county." 



This has become an impossible task. The number of 
units with which the Mayor has to deal--the so-called 
span of control — is so large that it defies effective 
supervision and coordination, particularly since so 
many of the units to be supervised and coordinated have 
substantial degrees of independence and autonomy. 
Efficiency suffers and the delivery of particular ser- 
vices, because it depends on acts done by a series of 
different administrative units, is delayed, compromised, 
or frustrated by the difficulty of obtaining all the 
necessary approvals. 

Ingenious efforts have been made over the years 
to cope with the unmanageability of the structure. 
Interagency coordinating committees, for example, tem- 
porary and permanent, have been created from time to time 
In recent years a Mayor's Deputy for Development and a 
Deputy for Social Programs have sought to coordinate, 
through the Mayor's office, the activities of a number 
of related administrative units. 

24. 



The Mayor's staff has also expanded over the years 
largely because present departmental missions are so 
narrow, and so sharply defined, that the Mayor's Office 
is the only place to fit new functions. 

A number of the tentative propositions adopted by 
the Committee dealt with this problem. These proposi- 
tions called for a logical grouping of functions with- 
in the executive branch and for a clear chain of com- 
mand, with the Mayor to be ultimately responsible, as 
the chief elected representative of the people, for 
the effective operation of the executive branch. 



RECOMMENDATION #14 



The charter should provide for the establishment 
of major administrative units called agencies. Most 
of the multitude of existing departments, boards, and 
commissions should be combined into a limited number 
of agencies to permit their effective control and 
supervision by the Mayor and the Chief Administrative 
Officer. Each agency should bring together groups of 
related functions so that coordinated policies can be 
developed and carried out in broad areas. 



Each agency should be headed by a qualified ad- 
ministrator appointed by the Mayor. Agency adminis- 
tors should be given enough administrative powers 
to permit effective planning, budgeting, manage- 
ment, and organization at the agency level. 



Agencies should be given the duty of coordinating 
the activities of public bodies or private non-profit 
corporations which operate for the benefit of the City 
and County and are financed by it. Without intruding 
on the autonomy of these public bodies, the City should 
be able to bring their activities into close coordination 
with its own. 



25. 



Proposed charter provisions carrying 
out this recommendation appear in 
Sections 3.500, 3.501, 3.502, 
3.503, 5.104, 5.105, and 5.107 of 
Part II of this report. 



RECOMMENDATION #15 



The present functions being performed by operating 
units in the executive branch appear to the staff to 
group themselves into six broad areas. Therefore it 
is recommended that six agencies be created, initially 
incorporating existing administrative units, coordi- 
nating others, and with general areas of responsibility, 
as follows: 



(a) A Housing and Development Agency , to 
have primary responsibility for the maintenance, im- 
provement, and development of residential, commerical, 
industrial, and public areas and buildings. 



It would incorporate, as units within the agency, 
the Department of Public Works, the Department of 
Electricity, and the Department of Real Estate. It 
would coordinate the activities of the Redevelopment 
Agency and the Housing Authority. 



(b) A Human Services Agency , to have primary 
responsibility for programs designed to enhance the 
health and well-being of City residents, and to deal 
with unemployment, poverty, discrimination, and other 
social problems. 



It would incorporate, as units within the agency, 
the Social Services Department, the Human Rights Com- 
mission, the Office of the Aging, the Deliquency Pre- 
vention Commission, the Public Health Department, and 
the Coroner's Office. It would coordinate the activities 



26. 



of the Economic Opportunity Council. 

(c) A Municipal Services Agency, to have 
primary responsibility for assessment, the collection 
and safekeeping of revenues and funds, the maintenance 
of official records, and the procurement of supplies. 



It would incorporate the Department of Finance 
and Records, the Purchasing Department, the Department 
of Weights and Measures, and the County Agricultural 
Department and would co-ordinate the activities of the 
Treasurer's Office and the Assessor's Office. 



(d) A Recreation, Parks, and Cultural Affairs 
Agency , to have primary responsibility for the develop- 
ment and operation of parks and recreational, cultural, 
and leisure time facilities and activities. 



It would incorporate, as units within the agency, 
the Department of Recreation and Parks, the Library 
Department, the Art Commission, the War Memorial, the 
de Young Museum, and the Palace of the Legion of Honor, and 
would co-ordinate the activities of the California 
Academy of Sciences. Its relationship with the museums, 
the War Memorial, and the California Academy of Sciences 
would be consistent with the terms of the gifts and 
trusts accepted by the City and County. 



(e) A Transportation Agency , to have primary 
responsibility for the development and operation of a 
comprehensive transportation network to serve the City 
and County. It would incorporate, as units within the 
agency, the Airport Department, the Municipal Railway 
Department, and the Port Commission. It would be respon- 
sible for coordinating the activities of the Parking 
Authority . 

(f) A Natural Resources Agency, to have 
primary responsibility for the provision of water and 



27. 



power, the disposal of waste, and the control of 
pollution . 



It would incorporate, as units within the agency, 
the Water Department and the Hetch Hetchy Project. 



These proposed six agencies incorporate 24 presently 
existing separate departments, offices, and commissions 
and are given responsibility to co-ordinate seven ad- 
ditional bodies. 



Proposed charter provisions carrying 
out this recommendation appear in 
Sections 5.104, 5.105 and 5.107 of 
Part II of this report. 



The reorganization outlined above is essentially 
a realignment of existing functions and personnel and 
could be accomplished at little or no additional cost, 
while the potential for saving is large. It would 
create opportunities for substantial net savings by the 
elimination of unnecessarily overlapping and competing 
functions, the reduction in duplication of overhead 
functions, and the more efficient application of resources 
to City and County needs. 



The reorganization would not affect the job secur- 
ity of any city employees; transfers to the same or 
comparable jobs, without loss of benefits, would be 
guaranteed. 



There are, of course, many alternatives to the 
specific grouping into the six agencies proposed. No 
matter how the constituent units are grouped, however, 
the need for reorganization is real, and the likely 
benefits substantial. 



28 



Boards and Commissions 



Testimony from a number of witnesses to the Committee 
focused on dissatisfaction with the makeup and operating 
methods of boards and commissions, now supposed to be the 
central instrument for citizen participation in City govern- 
ment. In particular, many witnesses expressed a feeling 
that the proceedings of boards and commissions were often 
entirely a token gesture and that decisions proposed by 
department heads had been accepted by the board or com- 
mission before its session began. 



The tentative propositions in this most important area 
recognize that the basic problem with boards and commissions 
lies in the responsibility given them to make policy for 
and to manage large departments. They are made up of part- 
time lay citizens, more or less representative of the City's 
population but without special technical qualifications. 
Their function is to bring the needs and desires of the 
people directly to the operative level of government - that 
is, to the departments which provide services, programs, 
and projects. 



Some boards and commissions fulfill this representative 
function quite well, particularly when their composition 
reflects the City's varied makeup. But as administrators 
and policy-making bodies, they frequently find themselves 
dealing with highly technical and sophisticated details, 
often outside their experience. 



In actual practice, therefore, citizen boards and com- 
missions find themselves so overwhelmed with administrative det 
that they seldom have any time left for policy discussion. 
Moreover, boards and commissions necessarily depend on the 
professional administrators they are supposed to oversee 
for information about departmental affairs. It is not 
surprising that they frequently become "captives" of the 
department, and it is almost inevitable that their adminis- 
trative acts often rubber-stamp decisions already made. 



29, 



The tentative propositions recognize a further dilemma 
in the makeup of boards and commissions: the larger they 
are, the less successful their attempts to manage; the smaller 
they are, the less representative they become. 



To place the administration of a major portion of a 
half-billion dollar enterprise into the hands of lay citi- 
zens serving part time is unfair to the board members them- 
selves, and, in terms of effective City management, equally 
unfair to the people of San Francisco. 



RECOMMENDATION # 16 



All boards and commissions, except those for 
fire and police, (and excluding the Civil Service Commission 
and the Board of Education which are not part of the first 
year's work), should be relieved of their policy-making 
and management functions, but should be retained to serve 
a much more important purpose - to review and advise on 
administrative rules, regulations, and policies affecting 
the general public. Because these groups would no longer 
be directly responsible for the management of an operating 
agency or department, they would be free to exercise real 
imdependence and act as a citizens' check on administrative 
activity . 



There should be a citizens' board for each of 
the agencies created under Recommendation # 15. Board 
members should be appointed by the Mayor and should be 
broadly representative of the community interests served 
by the agency. They should be given broad powers of review, 
inquiry, public information, and advice and counsel, but 
should have neither management responsibilities nor the 
power to make final policy decisions. 



Boards for agencies should be mandatory, because 
it will be at the agency level that major policy decisions 
are made to guide the constituent departments. Commissions 



30 



for departments should be permitted but should not be made 
mandatory, because the need for them varies from case to 
case and from time to time. In a number of cases, agency 
boards could be formed through consolidation of existing 
boards and commissions. 



For the same reason - flexibility - the Charter 
should not specify the size, terms, or compensation of citi- 
zen boards and commissions, but should allow these decisions 
to be made by the normal ordinance procedure . 



All existing boards and commissions, except the 
Public Utilities Commission, would be continued in existence 
but with their responsibilites modified. The Public Utiliti 
Commission is necessarily affected because the utilities 
under it would be assigned to two different agencies. The 
members of the Public Utilities Commission at the time these 
Charter amendments become effective should be permitted to 
elect which of those two agency boards they wish to serve on 



Proposed charter provisions carrying out 
this recommendation appear in Sections 
3.504, 3.602 and 5.106 of Part II of this 
report. 



RECOMMENDATION # 17 



It is recommended that the Fire and Police Commissions 
have five members each and that their present duties and 
functions, including their management responsibility, be 
retained. 



This exemption of the fire and police departments 
from the provisions of Recommendation # 16 above is a 
recognition of the uniquely sensitive nature of the services 
they perform; the serious problems with which they deal 
and the speed with which they must make decisions; the 



31. 



command they have over people's lives and property; and 
the resulting emotions which surround performance of their 
duties. All these considerations lead to the need for a 
management commission, small enough to make quick decisions 
but large enough to be representative of all the residents 
of the City. 



Proposed charter provisions carrying out 
this recommendation appear in Sections 
3.800 and 3.801 of Part II of this report - 



Reorganization 



The charter should provide for modification of the 
organization it establishes. Otherwise there will be 
locked into the charter an organization as cumbersome and 
unworkable in the 1980s as the present charter organization 
is for today. 



Some cities deal with this problem by stating in 
their charters that the entire organization of the execu- 
tive branch should be as the city council establishes by 
ordinance. That course has been rejected because it ignores 
the need for a stable framework and the right of the voter 
to know what the basic distribution of powers and responsi- 
bilities will be. The tentative propositions call for a 
balance between stability and flexibility. 



RECOMMENDATION #18 



The basic framework to be established - agencies and 
special bodies and departments- should be subject to change 
only by charter amendment. Changes within this framework 
should be permitted without charter amendment. The Board 
of Supervisors, acting by ordinance, should be able to 
create, modify, or abolish agencies. The charter should 
permit changes in functions and duties and their transfer 



32. 



among agencies and departments either by the Board of Super- 
visors or by an executive reorganization plan proposed by 
the Mayor which would become effective unless rejected by 
a majority of the Supervisors. 



Proposed charter provisions carrying out 
this recommendation appear in Sections 
3.500, 2.300 (k), and 3.1100 through 3.1103 
of Part II of this report. 



THE FOURTH OBJECTIVE : AN EFFECTIVE BUDGET AND STRONG 

FISCAL CONTROLS 



The Budget 



The budget controls the use of City funds; it is the 
expression of all City activities in dollars and cents. 
The budget is also the primary instrument of City manage- 
ment; it establishes a basic control over departmental 
operations for the budget year it covers. 



Over the course of several weeks, a number of witnesses 
pointed to serious weaknesses in the San Francisco budget 
process, and suggested ways in which that process might be 
improved. The many pages of tentative propositions dealing 
with the budget indicate that change in three major areas - 
form, timing, and administration - is badly needed. 



The Form of the Budget and its Time Schedule 



The present budget is a collection of line-items, 
submitted by department heads in accordance with the re- 
quirements of the charter, spelling out in detail each 
department's anticipated expenditure for each kind of 
supply and service, but nowhere summarizing them in terms 
of the cost of particular programs or projects. It is 
compiled from the submissions of 130 separate units of the 



33 



government and is arrayed in 29 columns. 



The 1968-69 budget runs to more than 2,400 pages. 
It is no exaggeration to say that the budget is "practically 
unintelligible to the public" and that "it is physically 
impossible for any one person to fully review or intellig- 
ently approve it." In this context, it is not surprising 
that, according to one report, an item for a single ambul- 
ance was once reduced by half.* 



There is no way to relate the items of expenditure 
with the activities for which they will be used, and it 
is impossible to determine what any City activity costs 
the City - and its taxpayers. No one really knows, for 
example, what it costs to keep City Hall free of waste 
paper, and no one knows if it can be done more cheaply. 



That trivial example is characteristic of the City's 
budgetary problems. If the cost of a program or activity 
cannot be determined, then there is no way to compare its 
cost with the benefits it is intended to yield. There is 
also no way to compare the costs of present programs with 
the costs of alternatives. Everyone is the loser: the 
Mayor and the Board of Supervisors, who are responsible 
to the people for City programs and their costs; the de- 
partment heads, who can only guess about the effectiveness 
of their operations; and the San Francisco property owner, 
who has no way to find out what his taxes pay for. 



The time within which the budget must be reviewed is 
too short. After estimates are submitted to the Controller 
for collation, on February first, until the Mayor's sub- 
mission of the proposed budget to the Board, by April 
fifteenth, the Mayor and the Board have only about six 
weeks each to consider this inscrutable document. 



The combination of a massive, uninformative budget 
with the brief time permitted for its examination means 
that real analysis is impossible. Neither the Mayor nor 



*Report of the Blyth-Zellerbach Committee, Volume 3, 
"The Budget", pp. 10-11 (mimeo, June 1961). 

34. 



the Board - nor the public - is able to do much more than 
compare this year's requests with last year's expenditures. 
Increases are always suspect, and receive close examination, 
but no attempt is made to decide whether entire programs 
are out of date, or too costly for the benefits they yield. 



These problems can only cost the City money, and 
increase the frustration of those who cannot find out what 
the City plans to do with its revenues. 



RECOMMENDATION #19 



The Mayor should submit a comprehensive budget to the 
Board of Supervisors. The budget should cover all proposed 
revenue sources and the revenues they are estimated to 
produce, as well as all proposed expenditures. The budget 
would be required to be balanced. It should be submitted 
90 days before the end of the fiscal year. 

The budget should be based on budget proposals sub- 
mitted by the various administrative units, but the Mayor 
should be free to modify them as he considers necessary. 
Actual preparation of the budget documents would be done 
by the budget director and his staff. 



Proposed charter provisions carrying out 
this recommendation appear in Section 4.201 
of Part II of this report. 



RECOMMENDATION #20 



The Charter should provide much more flexibility for 
the budget's form, and provide for the inclusion of only 
those basic items necessary to make the budget a meaningful 
and informative document. The budget should therefore 
contain estimates of revenues and expenditures, explanation 



35. 



of changes in rates of expenditure, information to help 
in evaluating programs, and an understandable summary. 



Proposed charter provisions carrying out 
this recommendation appear in Section 4.200 
of Part II of this report. 



RECOMMENDATION #21 



An understandable summary of the annual budget should 
be made easily accessible to the public while the Board of 
Supervisors is considering the budget. "Understandable" 
means not a line-item budget, but a summary of the costs 
of proposed programs and of the sources of revenue to 
support these costs. Publication of this summary, instead 
of lengthy proposed appropriation and salary ordinances, 
as now required, would for the first time provide residents 
of San Francisco with an understandable picture of City 
programs, revenues, and expenditures. 



Providing citizens with this information will enhance 
their understanding of what their taxes are buying and will 
make budget hearings before the finance committee of the 
Bo.ird of Supervisors far better vehicles for citizen parti- 
cipation in government. 



Proposed charter provisions carrying out this 
recommendation appear in Section 4.200(b) (5) 
and 4.202(a) of Part II of this report. 



36. 



Budget Administration and Fiscal Control - How the City's 
Money is Spent. 



Seeing that the budget plan is followed after it is 
adopted is the function both of budget administration 
and of fiscal control. These are two important and quite 
separate operations. 



Budget administration is essentially City management. 
Budget decisions are policy decisions, since they determine 
which programs of City government are to receive funds 
and which are not. For example, when revenues lag behind 
expectations, and funds are insufficient to meet all 
proposed expenditures, a decision to make up the deficit 
by withholding money appropriated to one purpose and not 
another has an obvious and demonstrable effect on depart- 
mental operations. 



Fiscal control is intended to prevent the City from 
obligating itself to spend money it will not have. It is 
also intended to prevent City officers and employees from 
spending for purposes not contemplated by the budget as 
adopted or modified. Finally, it is intended to prevent 
other misuse of public funds. 



At the present time, the Controller carries on both 
administration of the budget and fiscal control. This 
dual role creates several problems. 



First, the decisions involved are management 
decisions, affecting the priority of spending for programs 
agreed to by the Mayor and the Board of Supervisors. The 
Mayor and the Board, as elected officers, are accountable 
to the people for fulfilling or failing to fulfill the 
commitments in the budget. The Controller, because of 
his special role as auditor and fiscal watchdog, must be 
independent. This also means there is no practical way 
to hold him directly responsible to the people for the 
many policy decisions he now makes. 



37 . 



Second, the Controller is put in the awkward position 
of making decisions about fiscal transactions and pro- 
cedures, as budget administrator, which he is then expected 
to review and criticize, as auditor. In fact, no indepen- 
dent audit of these actions is ever made. 



Third, time spent on budget administration detracts 
from the time spent on auditing. Although the City has 
had rigid control over authorization of expenditures 
before they are made, through the so-called pre-audit, 
few and limited post-audit examinations have been made 
to verify whether expenditures have in fact been made, 
and whether they actually bought what they were supposed 
to buy. 



The solution to these problems, reflected in the 
tentative propositions and a remarkably unanimous body 
of testimony, is to impose the duties of budget adminis- 
tration on a director of the budget. This would free the 
Controller to concentrate on his essential job as guardian 
of the City's fiscal integrity. 



RECOMMENDATION #22. 



Functions which are essentially those of budget 
administration should be performed by the Budget Director, 
The Controller should keep the City's centralized revenue 
and expenditure accounts . He should retain the power to 
deny an officer or employee the right to spend what he 
does not have. The charter should continue to require 
the Controller to perform an independent audit of City 
and County accounts, but should free him to do so on a 
continuing and more extensive basis. 



Proposed charter provisions carrying out 
these recommendations appear in Sections 
3.221, 3.401, 4.301, 4.302, 4.303, 4.304, 
and 4.310 of Part II of this report. 



Budget administration presents several problems 
of its own. If the budget could be an absolutely 
accurate prediction of revenues and the need for expen- 
ditures, budget administration would be a simple matter. 
But revenues may run ahead of expectations, or far 
behind, programs which appeared to be valid answers to 
pressing needs may turn out to be unnecessary, and un- 
expected needs may develop during the budget year. 



Thus, the budget, which after its adoption is 
intended to be a binding plan for City administration 
and to set a limit on expenditures, must be applied 
through the year with some flexibility. Transfers from 
one department to another, or between appropriation 
items, may be required for efficient, economical govern- 
ment operations. Decisions about these transfers are 
essentially management decisions, but they also affect 
the budget plan approved by the Board of Supervisors. 
The problem is to provide administrative flexibility 
without losing legislative control over expenditures. 
The charter resolves the issue by permitting all trans- 
fers within a department to be made without the approval 
of the Board, while requiring all transfers between 
departments, no matter how trivial, to be made only with 
approval by the Board. It provides too much freedom 
in the first case (although in practice the freedom is 
not abused) and too little freedom in the second. 



At best, the proper line between administrative 
freedom and legislative control is difficult to draw, 
and will vary with the circumstances. If the Board has 
confidence that the transfer privilege will not be 
abused, it should be able to permit transfers to be made 
without specific Board approval in every case. When the 
Board lacks that confidence, it should be able to pull 
in the reins. 



RECOMMENDATION #23 



The Board of Supervisors should be empowered to 
establish rules by ordinance under which transfers between 



39. 



administrative units and appropriations will be per- 
mitted during the course of the budget year without 
Uoard approval . 



Proposed charter provisions carrying out 
this recommendation appear in Section 4.309 
of Part II of this report. 



THE FIFTH OBJECTIVE : HONEST, FAIR, IMPARTIAL 

GOVERNMENT 



Because City government operates with public 
money, there must be an independent officer whose job 
is to watch over those funds and see that they are 
used as they are supposed to be used. The charter 
now provides for the guardian of public funds, in the 
person of the Controller. Most of the recommendations 
on the Controller are set out in the discussion of 
fiscal control, above; they will strengthen the Con- 
troller's capacity to protect public funds. But the 
final recommendation is made and discussed here, to 
make the Controller's independent status absolutely 
clear. 



The Independent Controller 



San Francisco has been fortunate through the years 
in the quality of its controllers. But tradition and 
past performance do not always guarantee future excel- 
lence. The proposals below, dealing with the manner 
of the Controller's appointment, his term, and the 
manner of his removal, would assure his independence, 
his ability, and review of his p-.rformance at eight 
year intervals. 



RECOMMENDATION #24 



The Controller should be appointed l<y the Mayor 
from candidates named by a distinguished, independent 
panel, and the appointment confirmed by two-thirds of 

4D_ 



the Board of Supervisors. The Controller's term should 
run for eight years, overlapping the term of the Mayor 
making the appointment. The Controller should be re- 
movable on charges, by a two-thirds vote of the Board. 



Proposed charter provisions carrying 
out this recommendation appear in 
Section 3.400 of Part II of this report. 



Assuring Fair Government . 



There is a genuine need for independent officers 
and bodies whose job is to watch over City adminis- 
trative operations and see that they are conducted 
in compliance with the law, with maximum benefit, with 
impartiality, with courtesy, and with due regard for 
individual needs. There is also a need to prevent and 
correct arbitrary administrative decisions. 



The accusation of arbitrariness is too often simply 
the result of misunderstanding. A major source of mis- 
understanding is government's failure to explain its 
actions. The citizen frequently does not know, and can- 
not find out, why the public servant acted as he did, 
and this weakens confidence in government. 



The recommendations below are intended to provide 
City government with an increased capacity to respond 
to people fairly, legally, and courteously. 



RECOMMENDATION #25 



The following standards should be applied to City 
government: Each office, agency, and department should 
adopt rules and regulations for administration of all 
its functions so that all its dealings with the public 
will be impartial and understandable. Before adoption, 
these rules and regulations should be available for 
public discussion and comment. After adoption, they 
should be printed and made easily available to the public 

41. 



Any City board, commission, office, agency, or 
department making a binding decision involving a 
public right, privilege, benefit, or burden, should be 
required to give the person affected a written explan- 
ation of its action, in clear, simple language. 



Proposed charter provisions carrying 
out these recommendations appear in 
Sections 3.101, 3 . 502 ( f )l (g) , 3.540 (b) (1), 
and 3.602(b) (1) , in Part II of this 



report 



No matter how well planned, and no matter how 
clear the standards guiding it, the activities of 
government will from time to time interfere with the 
rights of the citizens. If democratic government is 
to work, it must include a way for the citizen with a 
grievance to get a quick, fair, impartial decision 
when he asserts his rights have been denied him. 



It is essential that there be some office given 
the major responsibility for adjusting differences 
between the citizen and his government in informal 
ways. This office should be independent so that it 
does not become an apologist for the activities it 
is supposed to oversee. Its director should be a 
person of fairness and good judgment. He should not 
be able to tell any officer or employee what to do. 
Rather, his influence should grow from his powers to 
inquire and report, first privately, and then, if 
necessary, publicly. Publicity might be the only way, 
in many cases, for him to do his job. 



RECOMMENDATION #26 



There should be an Office of Information and 
Complaints, headed by an independent director appointed 
and subject to removal in the same manner as the Controller 



42, 



This office should be the central source of information 
about City government and its procedures . The office 
should also have full power to investigate administra- 
tive action, and to report to the Mayor, the Board of 
Supervisors, and the appropriate administrators. In 
cases of special importance, and where private report 
is ineffective in obtaining desired results, he should 
also be able to publicize his reports. 



Proposed charter provisions carrying 
out this recommendation appear in 
Sections 3.410 and 3.411, in Part II 
of this report. 



The Board of Permit Appeals was established to be 
a check on arbitrary administration of some City ordi- 
nances and rules. Unfortunately, during some of its 
past history, it has created more concern than it has 
solved because it appeared to be taking arbitrary 
action itself. 



One source of popular dissatisfaction with the 
Board has been its failure to explain its decisions . 
Another problem has been the apparent lack of uniform 
standards guiding its conduct. Recent court decisions 
and continuing public demands make the need for change 
clear . 



RECOMMENDATION #27 



The Board of Permit Appeals should be renamed the 
Board of Appeals, to describe its role more accurately, 
The Board's membership should be increased to seven, 
in order to permit broader representation and to make 
assembly of a quorum easier. A vote of five members 
should be required to overrule administrative action. 



The Board should be provided by the charter with 
clear standards against which to measure the administrative 
action it reviews. 



43. 



The Board should be required to adopt simple rules 
of procedure, and to prepare a written explanation of 
its decisions. It should have the full- time services of 
an executive director-legal counsel to help prepare 
cases and written decisions. 



Proposed charter provisions carrying 
out this recommendation appear in 
Sections 3.420 through 3.426 of Part II 
of this report. 



THE SIXTH OBJECTIVE : CITIZEN PARTICIPATION IN 

GOVERNMENT 



There is a widespread frustration with local govern- 
ment today, in part because its resources cannot satisfy 
all the demands on them and in part because government too 
often leaves the people with the feeling that no one is 
listening . 



This frustration has been expressed different ways, 
which range from eloquent presentations at public hearings 
such as those of the Charter Revision Committee, to 
disregard and disruption of the regular proceedings of 
government. 



A major challenge facing local government is to find 
ways to alleviate this frustration. The resolution of 
competing demands will never be easy, because there is 
never enough money to satisfy every need. But resolution 
cannot even begin until government invents ways to bring 
the people into the processes of government. 



To some extent, the problem can be solved by making 
the City's boards and commissions larger and more represen- 
tative of the full spectrum of public opinion than they 
are now. But the base of participation should be broadened 
far beyond that which can be accomodated through boards 
and commissions for the City's agencies. 



Many people seek to make their needs and wishes known 
through various neighborhood or community groups and this 
base of organization should be encouraged and helped. 



New groups, to cope with new problems, should be 
helped to form and grow. Organization might be along 
neighborhood lines, or include residents from a number 
of different areas of the City. The aims of these groups 
could be limited to specific problems, such as giving 
advice on neighborhood zoning, or could cover a wide variety 
of activities. 



RECOMMENDATION #28 



The Board of Supervisors should be authorized to 
recognize or establish community, neighborhood, or district 
councils or boards, whose membership, purposes, and areas 
of service would be subject to ordinance. This would permit 
the Board to give increased status to existing groups , 
to encourage the creation of new groups, and to provide a 
formal link between them and City Hall. The charter should 
not contain detailed provisions about these groups because 
their nature, make-up, and authority would vary widely. 



Proposed charter provisions carrying out 
this recommendation appear in Section 3.900 
of Part II of this report. 



This concludes Part I of the 
report. 



45 



STAFF REPORT 

to the 



SAN FRANCISCO 
CITIZENS CHARTER REVISION COMMITTEE 



Part 2 

Text and Commentary 
for 

Discussion 
Only 

February 1969 



564 Market Street, Room 703 
San Francisco, California 94104 



SAN FRANCISCO 
CITIZENS CHARTER REVISION COMMITTEE 

564 Market Street, Room 703 

San Francisco, California 94104 

(415) 421-7627 



March 3, 1969 



George A. Williams, Jr. 
Stalt Director 



J. Bradley Bunnin 
Counsel 



TO: Members of the Charter 
Revision Committee: 



We are submitting with this letter Part II of 
our report on recommendations for changes in 
those portions of the charter being studied 
during the first year. 

Part II contains the text of proposed charter 
provisions carrying out the general recommendations 
contained in Part I of our report, and commentary 
explaining their derivation, purposes, and some 
of the alternatives to them. 

We wish to call your attention particularly to 
the provisions of proposed section 5.101 which 
provides protection to all incumbents in office 
at the time the proposed amendments would take 
effect . 



Respectfully submitted, 







A*. Williams, Jr 



PART II. 
INTRODUCTION 



The proposed specific charter provisions contained 
in Part II relate only to those subjects which are under 
study this first year. The proposed provisions are of 
three types: (1) those containing new substantive 
material; (2) those which clarify and simplify present 
charter provisions without substantive change; and (3) 
those which change neither form nor substance. 

Part III of the report, which is separately bound, 
indicates the impact of the proposed amendments on 
existing charter provisions, and illustrates how 
Recommendation #1 (Part I, page 9), which calls for 
a clear, concise, flexible charter, would be carried 
out. It will specifically indicate the obsolete material 
that would be removed from the charter and the details 
of procedure and organization that would be transferred 
to ordinance. 

Part III will also show: 

(1) Those portions of sections which contain 
material to be studied in the second and third years 
(but are in a section with first-year material) , which 
should be retained in their present form until studied; 

(2) Those sections which do not contain any 
material being studied this first year; and 

(3) The minor amendments required to make certain 
charter sections, which are not otherwise being changed, 
conform to the proposed amendments. 

The table of contents which follows includes only 
those provisions relating to first year topics. The 
numbering system and the organization of the proposed 
provisions are not related to those of the charter. 
The problem of fitting these proposed provisions into a 
logical order with the many existing charter sections, 
or parts of charter sections, which are to remain unchanged 
is complicated by the charter's present lack of organization. 
This largely results from piecemeal amendment; the charter 
has been changed by nearly 400 separate amendments since 1931 



(The charter has been compared to the nearby- 
Winchester House of Mystery - with corridors that 
come to dead-ends and doors that open onto solid 
walls . ) 

Given this lack of fundamental organization, the 
staff is exploring the feasibility of reorganizing the 
entire charter, without making substantive changes 
beyond those contained in this report. This could be 
done most simply by renumbering otherwise unaffected 
sections and portions of sections, and reorganizing 
them into logical divisions. 



TABLE OF CONTENTS 



ARTICLE I . The Existence and Powers of the City and County 

1.100 Name and Boundaries of the City and County 2 

1.101 Rights and Powers of the City and County 2 

1.102 Exercise of Rights and Powers 3 

1.103 State Law to Prevail 4 

1.104 Intergovernmental Relations 4 

ARTICLE II. The Legislative Branch 

Chapter One. The Board of Supervisors 

2.100 Powers of the Board of Supervisors 5 

2.101 Emergency Powers 5 

2.102 Organization; Officers 6 

2.103 Clerk; Other Employees 7 

Chapter Two. Procedure 



2.200 Meetings 

2.201 Publication Defined 

2.202 Calendar and Notice 

2.203 Quorum 

2.204 Rules and Order of Business; Journal 



7 

8 

9 

10 

10 



Chapter Three. Legislation 



2.300 Action by Ordinance, Resolution, and Motion 11 

2.301 Ordinances 12 

2.302 Emergency Ordinances 15 

2.303 Resolutions 16 

2.304 Waiver of Limitations of Actions 16 

2.305 Approval, Veto, or Request for Reconsideration 17 

by the Mayor 

2.306 Passage over Veto 18 

2.307 Notice of Passage or Adoption; Certification 18 

2.308 Effective Date 19 

2.309 General Codification 19 

2.310 Printing of Ordinances 20 



Chapter Four. Relationship with the Executive Branch 

2.400 Formal Investigations and Individual Inquiry 21 

2.401 Interference with and Comment on Administrative 22 

Affairs 

2.402 Audit of Controller 23 

2.403 Bonds 23 

ARTICLE III. The Executive Branch 

Chapter One. Executive and Administrative Powers 

3.100 Executive and Administrative Powers 24 

3.101 Standards for the Exercise of Executive and 25 

Administrative Powers 

3.102 Organization of the Executive Branch 25 

Chapter Two. The Executive Office 
Part One: The Mayor 

3.200 Functions, Powers, and Duties 26 

3.201 Emergency Powers 27 

3.202 Relationship with the Board of Supervisors 27 

3 . 203 Acting Mayor 28 

3.204 Staff 29 

3.205 Delegation of Powers 30 

3 . 206 Special Committees 30 

3.207 Removal of Appointees 31 

Part Two: The Chief Administrative Officer 

3.210 Chief Administrative Officer 31 
Part Three: Budget Department 

3.220 Creation; Budget Director 32 

3.221 Functions, Powers, and Duties 32 

Part Four: Planning Department 

3.230 Creation; Planning Director 34 

3.231 Functions, Powers, and Duties 34 

3.232 Planning Commission 35 



Chapter Three. Other Elected Officers 

(not considered during first year) 

Chapter Four. Independent Appointive Office 
and Boards 

Part One: The Controller 

3.400 Appointment, Term, Removal 37 

3.401 Functions, Powers, and Duties 38 

Part Two: The Director of Information 
and Complaints 

3.410 Appointment, Term, Removal 39 

3.411 Functions, Powers, and Duties 40 

Part Three: Board of Appeals 

3.420 Appointment, Term, Removal 41 

3.421 Staff 42 

3.422 Functions, Powers, and Duties 43 

3.423 Procedures 43 

3.424 Legal Standards and Basis for Review 44 

3.425 Decisions 44 

3.426 Appeal of Decisions 45 

Chapter Five. Administrative Agencies 

3.500 Creation; Composition 46 

3.501 Agency Administrators 47 

3.502 Functions, Powers, and Duties of 47 

Administrators 

3.503 Coordination of Other Offices 49 

3.504 Agency Boards 50 

Chapter Six. Departments 

3.600 Functions, Powers, and Duties 51 

3.601 Department Heads 51 

3.602 Departmental Commissions 52 



Chapter Seven. Non-Departmental Commissions 

3.700 Functions, Powers, and Duties 53 

Chapter Eight. Police Department, Fire Department , 
and Zoning Commission 

3.800 Police Department 54 

3.801 Fire Department 55 

3.802 Zoning Commission 55 

Chapter Nine. Community, Neighborhood or District 
Councils and Boards 

3.900 Community, Neighborhood or District Councils 57 
and Boards 

Chapter Ten. General Provisions 

3.1000 Boards and Commissions 57 

3.1001 Principal Executives and Boards and 58 

Commissions Appointing Principal 
Executives 

3.1002 Joint Service 60 

3.1003 Civil Service Exemption 61 

Chapter Eleven. Executive Reorganization 

3.1100 Reorganization Plans 64 

3.1101 Applicability 64 

3.1102 Required Plan Provisions 65 

3.1103 Effective Date 65 

ARTICLE IV. The Budget and Fiscal Administration 
Chapter One. Fiscal Year 

4.100 Date of Commencement 67 

Chapter Two. The Budget 

4.200 Nature and Content 67 

4.201 Preparation and Submission 69 

4.202 Budget Approval and Passage of Ordinances 69 

4.203 Appropriation Ordinance 71 

4.204 Annual Salary Ordinance 72 

4.205 Revenue Ordinances 72 



Chapter Three . Fiscal Administration 

4.300 Custody of Funds 73 

4.301 Allotments 74 

4.302 Encumbrances 7 4 

4.303 Disbursements 75 

4.304 Disbursement in Advance of Revenues 76 

4.305 Revolving Funds 77 

4.306 Transfers 77 
4.3" ' Supplemental Appropriations 78 

4.308 Surplus Funds 79 

4.309 Emergency Reserve Fund 79 

4.310 Invalidity of Improper Acts 80 

4.311 Penalties 80 

ARTICLE V. Transition Provisions 

5.100 Effect of Amendments on Existing Law 82 

5.101 Protection of Incumbents 82 

5.102 Transfer of Records and Property 84 

5.103 Continuity of Actions and Proceedings 84 

5.104 Title and Jurisdiction of Agencies 85 

5.105 Assignment and Transfer of Existing 86 

Functions and Units to Agencies 

5.106 Continuation of Existing Boards and 89 

Commissions 89 

5.107 Assignment of Coordination 

Responsibilities to Agencies 89 

5.108 Time Amendments Take Effect 90 

5.109 Termination of Transition Provisions 91 



PREAMBLE 



In order to obtain the full benefit of home rule 
granted by the Constitution of the State of 
California; to improve the quality of urban life; 
to encourage citizen participation in the affairs 
of the city and county; to enable municipal govern- 
ment to meet the needs of the people effectively and 
efficiently; and to assure equality of opportunity to 
every resident, 

We, the people of the City and County of San Francisco, 
ordain and establish this Charter as the fundamental 
law for the government of the City and County. 



COMMENTARY 



The preamble is new. Although many city 
charters contain a preamble, San Fran- 
cisco's does not. A charter is designed 
to establish the basic relationships 
between the people and their local govern- 
ment. It would benefit from a statement 
of the fundamental objectives which the 
government, created by the people through 
the charter, is designed to achieve. 



1. 



ARTICLE I. 
The Existence and Powers of the City and County 
1.100 Name and Boundaries of the City and County. 



The City and County of San Francisco shall continue 
as a municipal corporation known as San Francisco. 
Its boundaries are those set forth in the law of the 
State of California and may be extended as state 
law provides . 

COMMENTARY 



The source of this section is section 1 of 
the charter, modified only slightly to 
simplify the language and correct a ref- 
erence to a state code that no longer 
exists . 

The section is designed to provide a name 
for and recognize the existence of the city 
and county and to acknowledge that the 
boundaries are established by state law 
and may be modified only in accordance 
with state law. 



1.101 Rights and Powers of the City and County. 



The city and county shall have all the rights and 
powers that a city, a county, and a city and 
county may have under the constitution and laws of 
the State of California, subject only to the 
restrictions and limitations this charter provides 



COMMENTARY 



The substance of this section is contained 
in section 2 (5th paragraph) of the charter, 
which has been shortened by eliminating un- 
necessary language. A charter need not spell 
out all the powers the city and county is to 
have; it can simply establish the restrictions 
and limitations on the basic grant of powers 
and set out the manner in which those powers 
are to be exercised. The number of words has 
been reduced from 183 to 42. 

The section is designed to make clear that 
the city and county has elected to take full 
advantage of the home rule provisions of the 
California state constitution which, enable 
local governments to have complete authority 
over municipal affairs. 



1.102 Exercise of Rights and Powers 



The rights and powers of the city and county shall be 
exercised to give effect to the rights of every in- 
habitant of the city and county to equal economic, 
political, and educational opportunity and to equal 
service and protection by public agencies. 

COMMENTARY 



This section is new. The language is 
derived from the statement of policy of 
the city and county enacted in section 
12A.2 of ordinance No. 209-64. The section 
is designed to give assurance that the powers 
of the city and county shall be exercised to 
provide equality of opportunity, service, and 
protection to all its residents. 



3. 



1.103 State Law to Prevail 



When the laws of the State of California provide 
procedures for the exercise of any rights or powers 
belonging to a city, a county, or a city and county, 
or any of its officers, those procedures shall control 
unless this charter, or ordinance enacted under its 
authority, provides a different procedure. 

COMMENTARY 



The substance of this section is derived 
from section 3 of the charter. This 
provision enables San Francisco to uti- 
lize state-established procedures when 
there is no reason to provide for a local 
variation of the procedure. 



1.104 Intergovernmental Relations 



The city and county may, in the exercise of its 
rights and powers, agree to participate jointly 
or in cooperation with any other governments, 
governmental agencies, and municipal corporations. 



COMMENTARY 



This section is new. It recognizes the 
advantages to San Francisco of working 
together with other levels of government 
on problems of common concern and 
emphasizes the power of the city and 
county to do so. 



ARTICLE II. 
The Legislative Branch 

Chapter One . The Board of Supervisors 

2.100 Powers of the Board of Supervisors. 



The legislative and other powers of the city and 
county, except powers of initiative and referendum 
reserved to the people and powers delegated to other 
officers or units of government by this charter, 
shall be vested in the board of supervisors. 

COMMENTARY 



This section provides for the basic grant 
of power to the board of supervisors. It 
is derived largely from section 9 of the 
charter, the only change being to add the 
word "legislative" in acknowledgement that 
the powers of the board are largely legis- 
lative in character. The section also 
acknowledges that while the board is largely 
a legislative body, it also has whatever 
power is not by charter vested elsewhere. 



2.101 Emergency Powers. 

To provide for the continuance or restoration of 
local government in the event of a disaster which 
renders a majority of its members unavailable, the 
board of supervisors shall have those powers conferred 
by state law pertaining to the preservation of local 
government . 



COMMENTARY 



This section is derived from the fourth 
paragraph of section 9, and the language 
is unchanged. 

This section confirms powers already granted 
the board of supervisors by state law. It 
is included in order to leave no question 
about the board's ability to function with- 
out a quorum in time of extreme crisis, 
when questioning and debate on this matter 
would be costly. 



2.102 Organization; Officers. 



The board of supervisors shall meet for organization 
at noon on the second Monday in January following 
each general municipal election. At that meeting, 
the board shall elect a president, and other officers 
as it may determine, who shall have those powers and 
duties the board may provide. 

COMMENTARY 



This section is derived from the second 
paragraph of section 10, which has been 
modified. 

The time for the board's organizational 
meeting has been changed so that it will 
not fall on a weekend, a possibility the 
present language permits. 

The section gives the board fuller and more 
flexible powers to organize itself, includ- 
ing the power to create those offices it 
feels are desirable. It retains the board's 
power to fix its officers' powers and duties. 
It omits the present reference to the presi- 
dent's powers over committee appointments, 
because the board should be free to change 
this important detail of organization from 
time to time. 



2.103 Clerk; Other Employees. 



(a) The board of supervisors may appoint and 
fix the duties of its clerk and not more than five 
additional qualified persons, to assist in the work 
of the board and the work of its committees. These 
appointees shall be exempt from the civil service 
provisions of this charter and shall serve at the 
pleasure of the board. 

(b) Each supervisor may appoint one aide, to 
serve at his pleasure. Aides shall be exempt from the 
civil service provisions of this charter. The salaries 
for the position shall be fixed by the board. 

(c) None of the persons appointed pursuant to 
this section shall make, solicit, or receive a political 
contribution to or for any elected official or candi- 
date for office of the city and county, nor take part 

in the management or conduct of any campaign for muni- 
cipal office. Violation of these provisions shall be 
a misdemeanor, and conviction shall result in immediate 
dismissal . 

(d) The board may appoint additional employees, 
subject to the civil service provisions of this charter. 

COMMENTARY 



This section is derived from section 12, 
but contains considerable new material. 
It carries out, in charter language, 
Recommendation #2 (Part I, page 10) and 
#3 (Part I, page 11). The reasons for 
the proposed changes are stated there. 

Chapter Two . Procedure 
2.200 Meetings. 



(a) The board of supervisors shall hold regular 
meetings, at the times and places it designates by 
resolution. Special and emergency meetings may be 
called by the mayor or the president of the board, 

7. 



or as provided by the rules of the board. Meetings 
shall be held at those times and places and after 
that notice which will encourage public attendance. 



(b) The first notice of any special meeting 
shall be published at least twenty-four hours before 
the time of the meeting. An emergency meeting may be 
held without notice, but shall proceed to transact 
business only if a three-fourths vote of all members 
so authorizes. 

COMMENTARY 



This section is derived from section 10 
(3rd and 4th paragraphs) , modified in sev- 
eral respects . One change is designed to 
increase the opportunity for public atten- 
dance at board meetings, by permitting the 
board to meet outside City Hall, and by 
imposing a duty on the board to give full 
and effective notice of its meetings. 

The charter does not now expressly recognize 
the board's powers to hold emergency meet- 
ings, without notice; this proposed section 
remedies that flaw, while protecting against 
unwarranted use of emergency meetings by 
requiring a three-fourths vote of the board 
before any business is transacted at such 
a meeting. 



2.201 Publication Defined. 



"Published" as used in this Article means published in 
all local editions of at least two newspapers of general 
circulation in the city and county, at least one of 
which shall be a daily newspaper. In choosing which 
newspapers in which to publish, the board of supervisors 
shall take into account costs, circulation, and other 
matters affecting the number of persons likely to be 
reached. 



8. 



COMMENTARY 



This section is derived from the sixth 
paragraph of section i3. It carries out, 
in charter language, Recommendation # 4 
(Part I, page 12) . 

The section is designed to assure the widest 
possible notice of important city and county 
matters being considered by the board of 
supervisors and its committees and is 
intended to modify present practices which 
do not lead to full and adequate notice. 
Present charter provisions call for one 
publication in the official newspaper of 
the city and county, which is defined 
as a daily newspaper with a circulation 
of at least 8,000. "One publication" has 
been interpreted to mean "one edition, " 
and the present practice calls for official 
matters to appear in the "City Printing" 
edition of a daily newspaper. This edition, 
by a recent calculation, is less than 15% 
of the total daily circulation of the news- 
paper, and 40 per cent of this edition is 
delivered outside the City Zone. 

The provision requires the board to take 
several factors into account, in deciding 
which newspapers to select. This require- 
ment clearly indicates that cost alone is 
not the decisive factor, and that the number 
of persons reached is at least equally 
important. State law excludes the letting 
of the official newspaper contract from the 
usual competitive bidding requirements for 
this reason. See Government Code, Section 
37907; Cyr v White (1947) 83 CaL App. 2d 22, 
187 P. 2d 834. 



2.202 Calendar and Notice 



A written calendar of the business scheduled for 
each meeting of the board of supervisors and of 
each of its commitees shall be prepared and made 
available to the public before each meeting. 



Summaries of calendar items of general public 
interest, as determined by the clerk of the board, 
and a statement of where and when copies of proposed 
ordinances or resolutions may be obtained, shall be 
published commencing at least thirty-six hours before 
each regular meeting, and at least eighteen hours 
before each special meeting. 



COMMENTARY 



This section is derived from the third 
paragraph of section 10 and the sixth 
paragraph of section 13, which have been 
modified. It carries out, in charter lan- 
guage, Recommendation #4 (Part I, page 2). 
The reasons for the proposed changes are 
stated there. 



2.203 Quorum. 



A majority of the board of supervisors shall be a 
quorum, but a smaller number may adjourn from time 
to time and may compel the attendance of absent 
members in the manner and subject to the penalties 
the board provides. 



COMMENTARY 



This section is derived from the last 
paragraph of section 19, unchanged in 
substance. 



2.204 Rules and Order of Business; Journal. 



The board of supervisors shall determine its own 
rules and order of business, and shall maintain a 
journal of its proceedings, available to the 
public at cost. 



10. 



COMMENTARY 

This section is derived from provisions in 
the third paragraph of Section 10, the third 
paragraph of section 12, and section 19 (a) . 
This section ties together in one brief 
statement several provisions covering the 
internal affairs of the board of supervisors. 
The substance of existing provisions is un- 
changed. 

Chapter Three . Legislation . 

2.300 Action by Ordinance, Resolution, and Motion. 

The board of supervisors may act to exercise its 
powers by ordinance, resolution, or motion, but 
every act of the board which has one or more of 
the following effects shall be by ordinance only: 

(a) Provides for a fine or other penalty, or 
establishes a rule or regulation for violation of 
which a fine or other penalty is imposed; 

(b) Levies taxes or establishes charges, rates, 
fees / or fares ; 

(c) Appropriates funds; 

(d) Grants, renews, or extends a franchise; 

(e) Authorizes the borrowing of money; 

(f) Conveys or leases, or authorizes the 
conveyance or lease of any city and county lands; 

(g) Amends or repeals an ordinance previously 
adopted; 

(h) Declares policy or procedure which has 
the force of law, or which binds any other officer 
or office, agency, or department of the city and 
county; 

(i) Orders the settlement or dismissal of any 
litigation by or against the city and county; 

11. 



(j) Regulates the issuance or revocation of 
licenses or permits; 

(k) Creates, alters, or abolishes, or confers 
powers or duties on, offices, agencies, or departments 
of the city and county; 

(1) Is a legislative act of any other kind. 

COMMENTARY 



This section replaces the first two sen- 
tences of section 13. It specifies the 
"legislative acts" that are of such wide 
application or public importance that all 
the protection of the procedures for adopt- 
ing ordinances should be required. (Pro- 
posals for these procedures appear in sec- 
tions 2.301, 2.302, 2.305, and 2.306). 



2.301 Ordinances 



Subject to the provisions dealing with emergency 
ordinances and with general codification of city 
and county ordinances, the procedures set out below 
shall apply: 

(a) Every proposed ordinance shall be intro- 
duced in writing by a member or committee of the 
board of supervisors, or by the mayor. 

(b) Except for an ordinance adopting a general 
code, every ordinance shall be confined to a single 
subject, and shall have a title which fairly describes 
its contents. If the title is not a fair description, 
the provisions not covered by the title shall be void. 



(c) The enacting clause of every ordinance shall 
be, "The people of the City and County of San Francisco 
ordain: " . 

(d) An ordinance may be amended in whole or in 
part. A proposed ordinance amending an ordinance in 
part need contain only so much of the ordinance to 
be amended as is required to understand the 



12. 



purpose and effect of the amendment. A proposed ordinance 
amending an appropriation ordinance need contain only 
those items to be amended. 

(e) Except by unanimous consent of those members 
present, no proposed ordinance shall be passed until 
it has been considered by a committee of the board, 
after published notice, at a hearing at which all 
interested persons have had an opportunity to be heard. 
After hearing, the committee shall report on the pro- 
posed ordinance in writing, and distribute the report 
to the members of the board. The report shall contain 
a summary of any testimony offered at the hearing, and 
shall be available to the public, without charge, on 
request . 

(f) A proposed ordinance substantially amended 
after public hearing shall be passed only if the 
public has had an opportunity to comment on the 
substance of the amendment, at a hearing held prior 
to final passage. 

(g) A proposed ordinance shall not be passed 
unless a majority of all members, or the larger 
number required by this charter for particular 
matters, vote for it at each of two meetings at least 
five days apart. The vote of each member on all 
ordinances shall be recorded in the journal of the 
board's proceedings. 

(h) A proposed ordinance granting a franchise 
shall not be passed within ninety days of its intro- 
duction . 

(i) A proposed ordinance appropriating funds 
for any capital improvement project shall not be 
passed until the project has been referred to and 
reported on by the planning commission. 

(j) A proposed ordinance approving any plan or 
program of, or appropriating funds to, any public 
body or private non-profit corporation that is to 
be coordinated by an office, agency, or department 
within the executive branch, shall not be passed until 
the proposal has been referred to and reported on by 
that office, agency, or department. 



13. 



COMMENTARY 



This section is derived from present sections 
13, 15, 69, 69.1, 72, and 116.1. 

It outlines, in a systematic way, the pro- 
gress of a proposed ordinance from intro- 
duction through passage. 

Subsection (a) would allow the mayor to in- 
troduce ordinances directly. This is con- 
sistent with his role as an initiator of 
needed legislation. 

Subsection (b) makes clear that the reason 
for confining a proposed ordinance to a single 
subject "clearly expressed in its title" is 
to assure residents of fair notice. 

Subsection (d) will accomplish the same 
thing for amendments to existing ordinances. 
Fair and understandable presentation should 
be required. 

Subsection (e) is intended to permit the 
board and its committees more time to con- 
sider important legislation, by adopting for 
minor, technical matters, an abbreviated 
procedure, omitting the committee hearing. 
Protection against "railroading" is pro- 
vided by requiring unanimous consent to 



14 



adopt the shorter procedure. The subsection 
will also strengthen the role of committees, 
and make their work even more useful, by 
requiring written committee reports, includ- 
ing summaries of testimony at hearings. 
These reports could be brief. "Readings" 
are no longer required. 

Subsection (f) would prevent passage of an 
ordinance on which full public comment had 
not been allowed. 



Subsections (g) and (h) retain existing 
provisions unchanged. 

Subsection (i) retains certain limitations 
on the board's power to pass capital improve- 
ment legislation, by requiring referral to 
and report by the planning commission. 

Subsection (j) contains a new requirement 
that ordinances affecting such bodies as 
the Redevelopment Agency or the Housing 
Authority, which are to be coordinated by 
one of the administrative agencies in the 
executive branch (see proposed sections 
4.503 and 5.107), be referred to that agency 
for a report before adoption. This process 
will aid the agency in its coordinating role, 
and will aid the legislative process by 
informing the board about the possible impact 
of the ordinance proposals on City programs. 



2.302 Emergency Ordinances 



(a) Except for proposed ordinances affecting 
franchises, grants, bond issues, or the sale or 
purchase of land, the board of supervisors may, by 
three-fourths vote of all members, declare any 
proposed ordinance to be an emergency ordinance. 

(b) No ordinance shall be declared an emergency 
ordinance unless it would result in immediate preser- 
vation of public peace, health, safety, or property; 
uninterrupted operation of a city and county office, 
agency, or department; or compliance with a legal 
time limit. The board shall state the nature of the 
emergency in a separate section, and shall vote on 
that section separately. 



(c) An emergency ordinance may be passed on 
day of its introduction without reference to committee, 
notice, or hearing, but its number and title and 
information as to where a copy of the measure may be 
obtained, must be published immediately on passage. 

COMMENTARY 



This section simplifies and reorganizes 
the emergency ordinance provisions of sec- 
tion 16. There is no substantive change. 



2.303 Resolutions 



(a) Every proposed resolution shall be intro- 
duced in writing by a member or a committee of the 
board of supervisors. 

(b) A proposed resolution shall not be adopted 
by the board on the day of its introduction and 
without reference to committee except by unanimous 
consent of the members present. 

(c) A proposed resolution shall not be adopted 
unless a majority of all members vote for it. 

COMMENTARY 



This section simplifies and reorganizes 
several provisions covering resolutions 
now contained in section 13. There is no 
substantive change. 

2.304 Waiver of Limitations of Actions. 



No proposed ordinance or resolution waiving any 
statute of limitations shall be passed unless 
three-fourths of all members of the board of 
supervisors vote for it. 



16 



COMMENTARY 



This section simplifies section 13.1, 
cutting the section from 62 to 27 words, 
without substantive change. 



2.305 Approval, Veto, or Request for Reconsideration 
by the Mayor. 



(a) Every ordinance or resolution considered 
by the board of supervisors shall be transmitted to 
the mayor within twenty- four hours after the board 
has taken final action. The mayor shall have three 
days to act on emergency ordinances and on resolu- 
tions considered by the board on the day of intro- 
duction, and ten days to act on all other measures. 

(b) If the board passed or adopted the measure, 
the mayor may approve or veto it. He may indicate 
approval either by signing the measure or by taking 
no further action. He may indicate his veto only 

by returning the measure and his written objections 
to the clerk of the board. The mayor may veto any 
item in an appropriation ordinance, in whole or in 
part, except expenditures required by law or for 
debt service. 

(c) If the board did not pass or adopt the 
measure, the mayor may file a written request asking 
that the board reconsider it and stating the reasons 
for the request. The board shall reconsider it 
within thirty days after receipt of the request. 

(d) The mayor may postpone final action on any 
franchise passed by the board until the proposed 
franchise has been approved at the next election. 

(e) If, because of absence, incapacity, or 
suspension, the mayor cannot fulfill the duties of 
his office, the time periods established by this 
section shall begin to run only when an acting mayor 
has assumed office, or the mayor is again able to 
fulfill his duties. 



17. 



COMMENTARY 



This section combines and simplifies the 
first, second, fourth, and fifth paragraphs 
of section 14 (the third section of which is 
retained in proposed section 2.306), and 
the last sentence of the second paragraph 
of section 25. 

The only substantive addition is in subsection 
(e) which now provides for what happens if 
the mayor is suspended or lacks capacity to 
act, in addition to providing for the mayor's 
absence. 



2.306 Passage over Veto. 



The board of supervisors, by two-thirds vote of 
all members, may pass or adopt a measure vetoed 
by the mayor within ten days for any appropriation 
ordinance, or thirty days for any other measure, 
after the clerk of the board receives the mayor's 
written objections to the measure; but if a larger 
vote was required to adopt or pass the measure, that 
larger vote shall be required. 

COMMENTARY 



This section simplifies, shortens, and 
clarifies the third paragraph of section 
14. There is no substantive change. 



2.307 Notice of Passage or Adoption; Certification, 



Within five days after passage of an ordinance 
or adoption of a resolution of general public 
interest, notice of passage or adoption by number 
and title, and information as to where a copy of 
the measure may be obtained, shall be published. 
The clerk of the board of supervisors shall 
certify all ordinances passed and resolutions 



18. 



adopted and record them in properly indexed books, 
kept available to the public. 

COMMENTARY 



This section is derived from section 15. 
It requires that notice of passage be 
published only for resolutions and ordinances 
of general public interest. There is no other 
substantive change. 

2.308 Effective Date. 



An ordinance which is subject to the referendum 
provisions of this charter shall not become 
effective until thirty days after its final passage. 
An ordinance granting any public utility franchise 
or privilege shall not become effective until sixty 
days after its final passage. All other ordinances, 
including emergency ordinances, shall become effective 
upon final passage. 

COMMENTARY 



This section is derived from section 16, 
the substance of which is unchanged. 

2.309 General Codification. 



(a) Within one year after the date this 
section becomes effective, and at least every tenth 
year thereafter, the board of supervisors shall 
cause a general code to be prepared, to contain 
this charter, all city and county ordinances having 
the force and effect of law or affecting the 
organization and structure of the government of 
the city and county, all provisions of 
reorganization plans which have not been incorpor- 
ated into ordinances, and a digest of appellate 
cases citing this charter and those ordinances. 
The general code shall be brought up to date 
annually. The board shall adopt the general code 
by ordinance . 



19. 



(b) A general code shall be printed promptly 
after its adoption, and at least one up-to-date 
copy shall be maintained for public use in the office 
of the clerk of the board and in branches of the 
public library designated by the board. Copies 
shall be made available for purchase at cost. 

COMMENTARY 



This section is derived from section 17 
and the second paragraph of section 23. 

The provisions of this section are designed 
to make it possible for every resident to 
find out easily and quickly what important 
ordinances are in effect at any given time, 
and to see them organized in a logical way. 
No easy way now exists to find out what 
ordinances of general impact are in effect. 
Nor is there an up-to-date organized collection 
of ordinances affecting City government's 
organization and structure. The administrative 
code, which is supposed to provide much of 
this information, has been out of date since 
its publication in 1959, and makes no allow- 
ance for changes in the laws. It can be 
kept current only by stapling or clipping 
the awkward slips and sheets of paper on 
which the City's ordinances are printed. 

2.310 Printing of Ordinances. 



Each ordinance required to be included in the 
general code shall be printed promptly after final 
passage, in a form that will facilitate its 
insertion in the code, and shall be made available 
to the public at cost. 

COMMENTARY 



This is a new provision, tied in with 
the codification requirement of section 
2.309. Only ordinances of general im- 



20, 



portance would have to be printed. The 
requirement that these ordinances be 
printed in a form suitable for insertion 
in the general code will permit the 
general code to be easily usable and to 
be kept current at reasonable cost. 



Chapter Four . Relationship with the Executive 

Branch. 



2.400 Formal Investigations and Individual Inquiry. 

(a) In aid of its legislative powers and 
functions, either the board of supervisors or any 

of its committees may, when authorized by resolution 
of the board, hold hearings and issue subpoenas 
to compel persons to appear, give sworn testimony, 
or produce documentary or other evidence it considers 
relevant to a matter under its inquiry. 

(b) Any supervisor may, by written communica- 
tion, inquire into and request reports on the con- 
duct of the business of any office, agency, or 
department of the city and county or of a public 
body or private non-profit corporation designed to 
serve the city and county and wholly or partially 
funded by it. Communications shall be directed to 
principal executives only. 

COMMENTARY 



Subsection (a) of this section is derived 
from section 21; subsection (b) is derived 
from section 22. This section carries out, 
in charter language. Recommendation # 8 
(Part I, pages 16 and 17) . The reasons for 
the proposed changes are stated there. 



21 



2.401 Interference with and Comment on Administrative 
Affairs . 



(a) Neither the board of supervisors, its 
committees, nor any of its members or employees 
shall, in dealing with any officer or employee of 
the city and county or of a public body or private 
non-profit corporation designed to serve the city 
and county and wholly or partially funded by it: 



(1) Dictate or suggest, in public or in 
private, that: 

(a) Any person be appointed, 
employed, or promoted to any office or position with 
the city and county government or with such body 

or corporation; 

(b) Any person or firm be awarded 
or denied a permit, license, or other public 
benefit; or 

(c) The city or county or such body 
or corporation contract with or purchase from any 
person or firm. 

(2) Interfere in any way with disciplinary 
proceedings except as this charter specifically 
provides with respect to suspension and removal of 
certain officers; or 

(3) Request any action or inaction on any 
administrative matter, except by written communication, 
a copy of which shall be filed with the clerk of the 
board and delivered to the mayor before transmission 
to the principal executive involved and made available 
to the public at all reasonable times. 

(b) A member may, on the mayor's request, offer 
suggestions to him on his appointments. 



(c) Except as this section otherwise prohibits, 
the board, its committees, and its members may 



22. 



comment publicly on any action or inaction of any 
office, agency, department, body, corporation, officer, 
or employee. 

(d) Violation of the provisions of this section 
shall be official misconduct. 

COMMENTARY 



This section clarifies and simplifies 
section 22. It carries out, in charter 
language, Recommendation # 8 (Part I, 
pages 16 and 17) . The reasons for the 
proposed changes are stated there. 



2.402 Audit of Controller. 



The board of supervisors shall order an annual 
audit of the controller's books of accounts, records, 
and transactions, to be made by one or more 
independent certified accountants selected by the 
board . 

COMMENTARY 



This provision is derived from secion 68. 
It continues the present charter's require- 
ment that the board of supervisors order 
an annual independent audit, but the detailed 
list of officers to whom the auditor's report 
is to be made has been deleted as unnecessary 
because the report is a public document. 



2.403 Bonds 



The board of supervisors shall provide by ordinance 
who shall give bond to the city and county, and 
the amounts, terms, form, and conditions of and 
sureties on the bonds required. Amounts shall 
be related to the risk of loss to the city and 
county. The city and county shall pay all bond 
premiums . 

23. 



COMMENTARY 



This provision is derived from section 8, 
which fixes minimum amounts for the official 
bonds for certain officers, but otherwise 
leaves decisions about bonds to the board of 
supervisors. The section has been simplified 
and modified to leave all decisions about bonds 
to the board. This is a detailed matter more 
appropriately handled by ordinance. 



ARTICLE III. 



The Executive Branch 



Chapter One. Executive and Administrative Powers 



3.100 Executive and Administrative Powers 



The executive and administrative powers of the city 
and county shall be vested in and exercised by a 
mayor, and by such city and county officers and 
units as are created by or under the authority of 
this charter. Any executive or administrative 
powers not expressly delegated by this charter to 
another officer shall be vested in the mayor. 

COMMENTARY 



This section is new and needed for sake of 
clarity. It recognizes that executive and 
administrative powers are different from 
legislative powers (which section 2.100 vests 
in the board of supervisors) and that those 
executive and administrative powers not 
expressly granted to someone else must be 
vested in the mayor as the chief executive officer 
(see section 3.200). 



24. 



3.101 Standards for the Exercise of Executive and 
Administrative Powers. 



(a) Clear legal standards designed to insure 
impartial decisions shall be provided by ordinance 
or by administrative rule or regulation to guide 
city and county officers and employees in the 
exercise of authority over any right, privilege, 
benefit, or burden which the city and county may 
grant or impose. 

(b) Rules and regulations of general public 
application shall not be adopted until the public 
has had notice of and an opportunity to comment on 
them. 

(c) Offices, agencies, and departments adopt- 
ing rules or regulations of general public applica- 
tion shall keep them in a form and place readily 
accessible to the public. 

(d) A statement in writing explaining the 
factual and legal for the action shall be provided 
promptly on the request of any person claiming his 
interest or the public interest is affected by any 
administrative action granting, denying, suspending, 
revoking, or withdrawing a permit, license, or other 
public benefit. 

COMMENTARY 



This section is derived in part from section 
19(h) but contains substantial new material. 
It carries out, in charter language, Recommen- 
dation #25 (Part I, pages 41 and 42) . The 
reasons for the proposed changes are stated 
there. 

3.102 Organization of the Executive Branch. 



The executive branch shall consist of: 

(a) The mayor, the mayor's immediate staff, 



25 



the chief administrative officer, the budget 
department, and the planning department, all of 
which shall comprise the executive office; 

(b) Other elective offices; 

(c) The civil service commission, the health 
service board, and the retirement board; 

(d) The office of the controller, the office 
of information and complaints, and the board of 
appeals ; 

(e) Administrative agencies and their con- 
stituent units, including departments and non- 
departmental commissions, and the police department 
and the fire department. 

COMMENTARY 



This section is new. its purpose is to 
provide a brief, overall description of 
how the executive branch is organized. 
The present provisions of the charter fail 
to do so . 



Chapter Two . The Executive Office . 
Part One . The Mayor 

3.200 Functions, Powers, and Duties. 



The mayor shall be the chief executive officer 

of the city and county. He shall see that the 

laws are faithfully executed, and shall supervise 

the administration of, and enforce cooperation 

among, all city and county offices, agencies, and 

departments. He shall coordinate the activities 

of city and county offices, agencies, and departments, 

and of public bodies and private non-profit corporations 

designed to serve the city and county and wholly or 

partially funded by it. 



26 



COMMENTARY 



This section is derived from parts of section 
25 (paragraphs 1 and 2) almost unchanged. The 
only important substantive change gives the 
Mayor the authority to coordinate the activities 
performed by certain public authorities and 
private non-profit corporations which vitally 
affect the well-being of the City. 



3.201 Emergency Powers 



In a public emergency involving or threatening 
the lives, property, or welfare of the citizens, 
or the property of the city and county, the 
mayor shall have the power, and it shall be his 
duty, to summon, organize, and direct the forces 
of any office, agency, or department of the city 
and county in any needed service; to summon, marshal, 
deputize, or otherwise employ any other persons; or 
to do whatever else he may deem necessary to meet 
the emergency. 

COMMENTARY 



This section is derived from the fifth para- 
graph of section 25. A provision in section 
25 allowing the mayor to make studies and sur- 
veys in anticipation of emergencies has been 
dropped, because the mayor has the authority 
to do so without special charter language 
saying so. 

3.202 Relationship with the Board of Supervisors. 

(a) The mayor shall report to the board of 
supervisors, at its first meeting in February of 
each year, on the condition of the affairs of the 
city and county, and shall submit to the board, 
ninety days before the end of each fiscal year, a 
proposed comprehensive budget for the next fiscal 
year . 



27 



(b) The mayor may recommend the adoption or 
rejection of measures by the board, may introduce 
ordinances, and may appear before the board to 
discuss matters concerning the affairs of the city 
and county. 

(c) The mayor may call special meetings of 
the board when public necessity requires. 



COMMENTARY 



Subsection (a) is derived from the first 
paragraph of section 25 and the first sentence 
of section 72, with a few changes. The time 
for the Mayor's "State of the City" address 
has been changed from October to February, to 
permit a newly-inaugurated Mayor an early 
opportunity to discuss his program for the City, 
and to avoid conflict with campaigning for November 
elections. The deadline for submission of the 
Mayor's budget is changed from April 15 to 
ninety days before the end of the fiscal year to 
give the board of supervisors more time to consider 
it. (See section 5.201 (b) ) . 

Subsection (b) incorporates the fourth paragraph 
of section 25, and recognizing the Mayor's duty 
to initiate legislation, adds the right to intro- 
duce ordinances. 

Subsection (c) is new. It allows the Mayor to 
assemble the board in time of public need. 

3.20 3 Acting Mayor. 



(a) The mayor shall designate a member of the 
board of supervisors to act as mayor in the mayor's 
absence . 

(b) If the mayor fails to do so, the board 
shall elect one of its members to act as mayor 
until the mayor returns. Until the board elects 
an acting mayor, the following persons shall act 
as mayor in the order of succession designated: 



28. 



(1) The president of the board; 

(2) The vice president of the board, 



i f any ; 



(3) The chairman of the finance committee 
of the board; 

(4) The member of the board having the 
longest service as a member of the board, and among 
members having equal service, the member whose 
surname is first in alphabetical order. 

COMMENTARY 



This section is derived from the fourth 
paragraph of section 25. The language is 
simplified and there are two substantive 
changes . 

First, the vice president of the Board, if 
any, is added to the order of succession. 
Proposed section 2.102 permits the election 
of officers in addition to the president. 
Should the Board do so, it is appropriate 
that the Board's second ranking officer be 
represented in the line of succession. 

Second, the Chief Administrative Officer is 
omitted from the list because he is not an 
elected officer and, as proposed in section 
3.210, he will be serving as Deputy Mayor 
and will continue in that capacity during 
the Mayor's absence. 



3.204 Mayor's Staff 



Eight positions on the mayor's immediate staff 
shall be exempt from the civil service provisions 
of this charter and the mayor may define and 
redefine the titles and functions of those 
positions. The mayor may may appoint additional 
employees, subject to those civil service provisions 



29. 



COMMENTARY 



This section is derived from the first para- 
graph of section 25, somewhat modified. Recom- 
mendation #10 (Part I, pages 18-19) explains 
the reasons for the change. 



3.205 Delegation of Powers. 



The mayor may delegate to any person within the 
executive office any of the mayor's functions, 
powers, and duties except the power of appointment, 
suspension, and removal, the power to act on 
ordinances and resolutions, and emergency 
powers . 

COMMENTARY 



This section is new, although it is commonly 
found in municipal charters and is a practical 
requirement. It recognizes the inability of 
any mayor to do personally all that a charter 
requires or permits him to do, and authorizes 
delegation of all but those key powers which 
should be exercised only by the Mayor himself. 

3.206 Special Committees. 



The mayor may appoint special committees to 
advise him in matters affecting the city and 
county and to advise offices, agencies, and 
departments in matters relating to their 
responsibilities . 



COMMENTARY 



This section is new. It recognizes and gives 
charter status to the Mayor's authority to 
create task forces and special, limited-purpose 
committees . 



30. 



3.207 Removal of Appointees 



(a) Persons appointed to elective positions, 
the board of education, the civil service commission, 
the board of appeals, the office of controller, and 
the office of director of information and complaints 
may be removed only in the manner specifically provided 
for their removal . 

(b) The mayor may remove from office any other 
person appointed by him whenever , in his judgment, it 
is required in the public interest. 

(c) On the request of any person removed, the 
mayor shall state the reasons for the removal in 
writing and the person removed may reply and, if he 
wishes, have his reply printed in the journal of pro- 
ceedings of the board of supervisors. 

COMMENTARY 



This section is derived from the third para- 
graph of section 11, with one major change. 
Section 11 requires the mayor to make his 
reasons for removal public, which might not 
always be in the interest of the person re- 
moved, although one purpose of the requirement 
is to protect him. The section now gives the 
person removed the option of whether to have 
the reasons for his removal made public. 

Part Two. The Chief Administrative Officer. 



3.210 Chief Administrative Officer. 



The mayor shall appoint a deputy mayor for admini- 
stration who shall possess the administrative and 
executive ability for that position. The person 
appointed shall be the chief administrative officer 
for the city and county and, pursuant to the direc- 
tion of the mayor, shall supervise and coordinate 
the activities of all city and county offices, 
agencies, and departments within the executive 
branch, and perform additional duties as prescribed 
by the mayor . 



31 



COMMENTARY 



This section is derived from section 59 
(first paragraph) and 60, greatly modified. 
A full discussion of the existing Office of 
the Chief Administrative Officer, and the 
proposals for change, appear in Recommendation 
#11, Part I, pages 19 and 20. This section 
carries out the recommendation in charter 
language. 



Part Three . Budget Department , 
3.220 Creation; Budget Director. 



There shall be a budget department, headed by a 
director who shall be the chief budget officer 
for the city and county. The director shall be 
appointed by the mayor and shall be qualified 
to perform the functions and duties of the office, 

COMMENTARY 



This section, and the next, are new. They 
establish and define the new budget depart- 
ment, which would be a part of the executive 
office. These two sections carry into charter 
language Recommendation #13 (Part I, page 21). 
Discussion of the reasons for the recommendation 
on those pages. 



3.221 Functions, Powers, and Duties 



The budget director shall be responsible to the 
mayor for the proper administration of the affairs 
of the city and county placed in his charge. He 
shall have the following functions, powers, and 
duties: 



32. 



(a) To prepare and administer the compre- 
hensive budget as provided in Article IV. 

(b) To conduct long-term financial planning, 
analyze the tax structure, and recommend changes in 
revenue sources as appropriate. 

(c) To establish, for each office, agency, or 
department, methods of accounting which conform to 
sound accounting principles, which are readily 
susceptible to audit, and which are adapted to the 
needs and purposes of the office, agency, or 
department and to accounting requirements imposed 
on it by the state or federal government. 

(d) To develop and supervise unit cost, work 
control, and performance reporting procedures. 

(e) To evaluate and recommend measures to 
improve the organization and operation of all 
municipal agencies. 

(f) To establish, in conjunction with the 
planning director, priorities among proposed capital 
projects and operating programs. 

(g) To develop, in conjunction with the planning 
director, projections of capital improvement projects, 
operating program levels, and available financial 
resources for a number of years following each budget 
year . 

(h) To perform such other functions and duties 
as may be assigned by the mayor. 



COMMENTARY 



See commentary under section 3.220 



33 



Part Four . Planning Department , 
3.230 Creation; Planning Director. 



There shall be a planning department, headed by 
a director who shall be the chief planning 
officer for the city and county. The director 
shall be appointed by the mayor and shall be 
qualified to perform the functions and duties of 
the office. 

COMMENTARY 



Commentary on this section follows section 
3.232. 

3.231 Functions, Powers, and Duties. 



The planning director shall be responsible to the 
mayor for the proper administration of the affairs 
of the city and county placed in his charge. He 
shall have the following functions, powers, and 
duties: 

(a) To advise the mayor and other officers, 
agencies, and departments on matters affecting the 
long-range physical, social, and economic development 
of the city and county. 

(b) To formulate, and regularly bring up to 
date, general goals, policies, and a comprehensive 
general plan for long-range physical, social, and 
economic development of the city and county, for 
consideration by the planning commission. 

(c) To prepare annually, for consideration by 
the planning commission, a capital improvement program 
consisting of proposed capital improvement projects 
for the next budget year and a number of succeeding 
budget years. 



34 



(d) To develop, in conjunction with the budget 
director, projections of operating program levels 
and available financial resources for a number of 
years following each budget year. 

(e) To establish, in conjunction with the budget 
director, priorities among proposed capital projects 
and operating programs. 

(f) To assist offices, agencies, and departments 
in developing plans for the functions within their 
jurisdiction . 

(g) To advise the planning commission in the 
exercise of its responsibilities and provide it with 
necessary staff assistance. 

(h) To perform such other functions and duties 
as may be assigned by the mayor. 

COMMENTARY 



Commentary on this section follows section 
3.232. 



3.232 Planning Commission. 



There shall be a planning commission, members of 
which shall be appointed by the mayor. The number 
of commissioners, their terms, and their compen- 
sation, if any, shall be established by ordinance. 
The planning commission shall have the following 
functions, powers, and duties. 

(a) To adopt or amend, after public hearing, and 
to recommend to the mayor, general goals and 
policies and a comprehensive general plan for the 
physical, social, and economic development of the 
city and county. 

(b) To report on the conformity with the 
general plan of proposed ordinances or resolutions 
which change the physical use of any public real 
property and buildings, and to make recommendations 
on all subdivisions of land and project plans for 



35. 



housing and the reuse of urban renewal areas, before 
their approval or adoption. 

(c) To serve as the zoning commission when 
authorized to do so. 

(d) To adopt and recommend annually to the 
mayor, after public hearing, a capital improvement 
program. 

(e) To perform the functions and duties of 
a departmental commission as provided in section 
3.602. 

COMMENTARY 
(Sections 3.230, 3.231, and 3.232) 



These sections are derived from sections 69.1, 
115, 116, and 116.1. They carry out, in charter 
language, Recommendation #12 (Part I, page 21). 
The reasons for the proposed changes are stated 
there and on page 17 of Part I. 

In keeping with Recommendation #1 (Part I, page 
9) , detailed procedures and planning methodology 
have been eliminated as inappropriate to a charter. 
These provisions will be incorporated into ordinance, 
What remains is a statement of basic powers, duties, 
and responsibilities. The number of words has been 
reduced from 1980 to 425. 



The planning director has been made directly re- 
sponsible to the mayor rather than to a commission. 
He should be a key advisor to the mayor, a role 
that would be considerably weakened if he were 
not directly responsible to him. The proposed pro- 
visions relieve the planning commission of manage- 
ment responsibilities, as recommended in Recommendation 
#16 (Part I, pages 29-31). 

The zoning responsibilities of the planning 
department and commission are discussed under 
proposed section 3.802. 



36. 



Chapter Three . Other Elective Officers. 



(Other elected officers are not being 
considered during the first year of 
the Charter Revision Committee's work) 



Chapter Four . Independent Appointive Officers 
and Boards. 



Part One. The Controller 



3.400 Appointment, Term, Removal. 



(a) There shall be a controller, appointed 
by the mayor, subject to confirmation by a vote of 
two-thirds of the board of supervisors. 

(b) Appointment shall be made from a list of 
three persons whose names are submitted by a panel 
composed of the chief financial officers of San 
Francisco State College, Stanford University, the 
University of California at Berkeley, the University 
of San Francisco, and the President of the California 
Institute of Certified Public Accountants, or their 
designated representatives. Any list submitted may 
be returned to the panel and additional lists 
requested until the position is filled. 

(c) The controller's term shall expire at noon 
on the second Monday of January, 1978, and on the 
second Monday of January every eight years thereafter, 

COMMENTARY 



This section is derived from section 63, 
with substantial change. It carries Recom- 
mendation #24 (Part I, pages 40-41) into 
charter language. The reasons for those 
changes made appear there. 

The controller must be an able and an in- 
dependent officer. The provisions of pro- 

37. 



posed section 3.400, and of present section 
63, are intended to assure both these 
qualities. For the reasons stated in Part 
I, pages 40-41, the present provisions are 
potentially troublesome. 

There are other ways to achieve these goals. 
Appointment by the mayor and confirmation 
by two-thirds of the board, with nomination 
by panel omitted, is one of them, but the 
panel would bring disinterest and professional 
knowledge into the selection process. 

The long term proposed for the controller 
would expire in the middle of a mayor's term, 
a further means to make him independent. 

3.401 Functions, Powers, and Duties. 



The controller shall have the following functions, 
powers , and duties. 

(a) He shall supervise and periodically 
audit or cause to be audited all city and county 
accounts . 

(b) For the purpose of investigating financial 
and accounting matters, he shall, at any time, have 
access to all city and county financial reports, and 
may issue a subpoena to compel any person to appear, 
give sworn testimony, or produce documentary or other 
evidence he considers relevant to a matter under his 
investigation . 

(c) He shall establish adequate systems of 
internal controls for the custody, collection , or 
disbursement of money. 

(d) He shall certify encumbrances and draw 
warrants or checks, and shall keep detailed accounts 
immediately available to responsible officers and 
employees, showing revenues received and amounts appropriated, 
expended, and available for encumbrance, for each office, 
agency, and department. 

(e) At fixed intervals established by ordinance, 
at his discretion, or upon request, he shall report to 
the mayor, the board of supervisors, and the public on 
the financial condition of the city and county and on 

38. 



any deficiencies or irregularities of accounting and 
fiscal practice. He shall comment on and make 
recommendations about financial policies and practices 
as he considers appropriate in the public interest. 

(f) He shall have custody of all official bonds, 
except his own, shall periodically examine the bonds 
and the sufficiency and solvency of their sureties, 
and shall report his findings to the mayor and the 
board. 

COMMENTARY 



This section is derived from parts of present 
sections 64, 65, 66, and 67, greatly simplified 
and changed in many particulars. The section 
carries out, in charter language, Recommendation 
#22 (Part I, page 38). Discussion of the 
reasons for most of the changes appears there. 



Part Two . Director of Information and Complaints 



3.410 Appointment, Term, Removal. 

(a) There shall be a director of information 
and complaints who shall be appointed by the mayor, 
subject to confirmation by a two-thirds vote of 
the board of supervisors. 

(b) Appointment shall be made from a list of 
three persons whose names are submitted by a panel 
composed of the chief executive officers of San 
Francisco State College, Stanford University, Uni- 
versity of California at Berkeley, and the University 
of San Francisco and the presiding judge of the 
Superior Court of the city and county, or their 
designated representatives. Any list submitted may 
be returned to the panel and additional lists 
requested until the position is filled. 

(c) The director's term shall expire at noon 
on the second Monday of January, 1974, and on the 
second Monday of January every eight years thereafter, 



39, 



COMMENTARY 



This section is new. The reasons for it 
are discussed in Part I, pages 42 and 43 
(Recommendation #26) . This proposed section 
carries out that Recommendation, in charter 
language . 

The discussion under section 3.400, above, 
about the appointment of the controller, applies 
here as well . 



3.411 Functions, Powers, and Duties. 



The director shall have the following functions, 
powers, and duties: 

(a) He shall provide information about city 
and county services, procedures, and requirements, 
in the manner and at those times and places which 
are convenient to the public. 

(b) He shall receive and examine complaints 
relating to the administration of the affairs of 
the city and county; report his findings and 
recommendations to the mayor, the board of super- 
visors, and the office, agency, or department 
concerned; and inform the complainant of his 
findings and actions taken on them. He may, as 
he considers appropriate in the public interest, 
make his findings public. 

(c) He may inquire into the operations and 
conduct of any office of the city and county, 
except with respect to financial and accounting 
matters, and for purpose of inquiry shall have access 
to all city and county papers and records and may 
issue a subpoena to compel any person to appear, 
give sworn testimony, or produce documentary or 
other evidence he considers relevant to a matter under 
his investigation. 



40. 



COMMENTARY 



This section is derived from present section 
25, which requires the mayor to receive and 
examine complaints. There are substantial 
changes. The reasons for the proposal are 
discussed in Part I, pages 42-43 (Recommen- 
dation #26) . 

The staff considered other solutions to the 
problem of finding a simple, effective, but 
not disruptive way for residents to have their 
grievances heard, and if possible, cured. 
Allowing a member of the mayor's staff to per- 
form this function would not achieve the 
required independence, while placing it under 
the board of supervisors might lead the board 
into direct participation in the conduct of 
City administration -- an undesirable result. 

This independent officer with powers to investi- 
gate and comment, but not to give orders, appears 
to offer the most satisfactory solution. 

Part Three : Board of Appeals . 



3.4 20 Appointment; Term; Removal. 

(a) There shall be a board of appeals, 
consisting of seven members who are broadly 
representative of the citizens of the city and 
county. No member shall be a city and county 
officer or employee. Members shall be appointed 
by the mayor, subject to confirmation by the board 
of supervisors. Appropriate compensation shall 

be established by ordinance. 

(b) The terms of each member shall be four 
years, commencing at noon on the second Monday in 
January. Initial terms shall expire as follows: 
one term in 1971, two terms in 1972, two terms in 
1973, and three terms in 1974. 

(c) A member may be removed by a majority of 
the board of supervisors, with the concurrence of 
the mayor. Any person so removed may ask for a 



41. 



written statement of reasons for his removal and 
may reply and, if he wishes, have his reply printed 
in the journal of proceedings of the board of 
supervisors . 



COMMENTARY 



This section and the next are derived from, 
but substantially modify, present section 39. 
The section carries out, in charter language, 
Recommendation #27 (Part I, page 42), where 
the reasons for the major proposed changes 
may be found . 

Subsection (a) continues to prohibit city and 
county officers and employees from serving on 
the board of appeals, because much of the 
board's work will be to review the decisions 
and actions of city and county officers and 
employees . 

Subsection Xb) continues the four-year term 
of office. 

Subsection (c) would permit removal of a board 
member, but only by a supermajority vote of the 
board of supervisors, with the mayor's concurrence 
This procedure should help preserve the indepen- 
dence of members of the board of appeals. The 
provisions allowing a board member to demand a 
written explanation of the reasons for his 
removal, and to reply to the explanation, 
publicly if he wishes, protect him against 
arbitrary removal. 



3.421 Staff 



The board of appeals may appoint a staff director- 
counsel rfho shall serve at its pleasure. The 
staff director-counsel shall assist the board in 
its work and act as its legal advisor. 



42. 



COMMENTARY 



This section is new. It carries out, in 
charter language, Recommendation #2 7 (Part I, 
page 42). The reasons for the proposed 
changes are stated there. 



3.422 Functions, Powers, and Duties. 



The board of appeals shall hear and decide appeals 
by any person who is denied a permit, license, or 
other public benefit; whose license, permit, or 
public benefit has been suspended, revoked, or 
withdrawn; or who believes that his interests or 
the general public interest will be adversely 
affected by the grant, denial, suspension, 
revocation, or withdrawal of a license, permit, 
or public benefit. 

COMMENTARY 



This section is derived from section 39. It conti- 
nues the present grant of jurisdiction over permits 
and licenses and expands it to include public 
benefits for which no permit or license procedure 
exists. This would increase the board's capacity 
to serve as an avenue for redress of citizens ' 
grievances . 

3.423 Procedures. 



The board of appeals shall adopt easily understood 
rules of procedure which provide a full and fair 
hearing for all interested parties. 



COMMENTARY 



This section is new and is designed to 
require adequate rules of procedure which 
have not always existed in the past. 



43 



3.424 Legal Standards and Basis for Review. 



In deciding appeals, the board of appeals shall 
apply and be bound by provisions of this charter, 
duly enacted ordinances, and administrative rules 
and regulations which the board does not find to 
be clearly unreasonable. 



COMMENTARY 



This section is intended to make clear the 
sources of law the board is required to follow, 
The board may overturn actions it finds to be 
based on unreasonable administrative rules and 
regulations, but is bound to follow the pro- 
visions of the charter and of ordinances. 



3.425 Decisions. 



(a) After public hearing, the board of 
appeals may sustain the action granting, denying 
suspending, revoking, or withdrawing a permit, 
license, or other public benefit, or may, by a vote 
of five members, overrule it on a determination that 
the action: 

(1) was based on a material error of law; 

(2) was based on an erroneous understanding 
of material facts; 

(3) was based on an administrative rule 
or regulation that is clearly unreasonable; 

(4) was an abuse of discretion in applying 
relevant legal standards; or 

(5) was arbitrary because of the absence 
of adequate legal standards to guide administrative 
action. 

(b) Decisions of the board shall be in writing 
and shall include an explanation of the factual and 
legal basis for the decision. 

44. 



COMMENTARY 



This section carries out Recommendation #27 
(Part I, page 42) . It provides the grounds 
on which the board may overturn the action of 
a department. They are the standard grounds 
typically provided in American administrative 
practice . 

The requirement of five votes to overrule 
actions conforms more closely to present 
provisions which require four votes out of 
five; however, with the provision of a legal 
advisor and legal standards, perhaps a majority 
vote — four votes out of seven — would be as 
appropriate. 



3.426 Appeal of Decisions 



All decisions of the board of appeals may be 
appealed to appropriate courts of law, and 
the city attorney shall represent any office, 
agency, or department in any such appeal. 



COMMENTARY 



This section is designed to relieve the city 
attorney of the dilemma facing him when a 
department wishes to appeal a decision of the 
board, which is itself an agency of the city 
and county and which, at times in the past, has 
asserted the right to defend its actions in the 
courts . 

The board as a quasi-judicial body should not 
participate in any appeals of its decisions, 
and the city attorney should be free to re- 
present the department wishing to appeal. 



45. 



Chapter Five . Administrative Agencies 
3.500 Creation; Composition. 



(a) There shall be administrative agencies 
with those functions, powers, and duties as are 
provided by ordinance. 

(b) Except as provided in subsection (c) , 

all functions and duties of the executive branch and 
all departments, offices, commissions, boards, bureaus, 
and other administrative units in the executive branch 
shall be assigned to administrative agencies, so that 
all closely related functions are performed in the same 
agency. The number of agencies created shall be suffi- 
ciently limited to permit their effective supervision 
by the mayor and the chief administrative officer. 

(c) The provisions of this section shall not 
apply to elective offices, the executive office, the 
police department, the fire department, the civil 
service commission, the health services board, the 
retirement board, the office of the controller, the 
office of information and complaints, and the board 
of permit appeals, and the functions and duties per- 
formed by them. 

(d) Administrative agencies shall have an agency 
board and may include, as operating units within the 
agency, departments, non-departmental commissions, and 
such other administrative units as may be created in 
accordance with the provisions of this charter. 

COMMENTARY 



This section is new. It carries out, in char- 
ter language, Recommendation #14 (Part 1, page 
21-25). Discussion of the reasons for the 
proposal may be found there. 

Subsection (c) of the proposed section excludes 
certain offices which do not have responsibility 
for operations and programs, or which have an 
independent safeguard function, or which, for 
reasons discussed in Recommendation #17 (Part I, 
p. 31), have special requirements. 

46. 



The agencies proposed to be created initially 
under this section are described in Section 
5.104. 



3.501 Agency Administrators 



Each agency shall be under the supervision of an 
executive officer known as the administrator. The 
administrator shall be appointed by the mayor and 
shall be qualified to perform the functions and 
duties of the office. 

COMMENTARY: 



This section is new. It carries out, in char- 
ter language, Recommendation #14 (Part I, 
page 25). The reasons for the proposal are 
discussed there. 

3.502 Functions, Powers, and Duties of Agency Administrators 



The administrator shall be responsible to the mayor 
for the proper administration of the agency and of 
each unit within the agency. With respect to matters 
within or related to the jurisdiction of the agency, 
each administrator shall have the following functions, 
powers, and duties: 

(a) To analyze the needs of the city and county, 
and to develop policies and prepare plans and programs 
designed to meet those needs. 

(b) To supervise and coordinate the execution 
and management of all programs, activities, and 
expenditures of the agency and each unit within the 
agency. 

(c) To foster cooperation and coordination among 
city and county, regional, state, and federal agencies, 
and private institutions carrying out activities related 
to the jurisdiction of the agency. 

(d) To review and make recommendations on plans, 
programs, or fund requests of other offices which the 
agency is to coordinate. 

47. 



(e) To prepare and transmit his budget proposals 
for the agency and its units . 

(f) To hold public hearings on any proposed schedule 
of utility rates, charges, or fares, for any utility under 
the jurisdiction of the agency, to be submitted as part 

of the budget proposals of the agency. 

(g) To prescribe reasonable rules and regulations, 
consistent with law, for the conduct of the affairs of 
the agency. 

(h) To submit to the agency board, for review 
and comment at a public meeting prior to adoption 
by the agency, all proposed agency policies, plans, 
programs, rules, and regulations affecting the 
general public. 

(i ) To cooperate with the agency board, attend 
its meetings, and provide it with information 
requested. 

(j ) To delegate to other persons within the 
agency any of the functions, powers, and duties 
vested in him or the agency. 

(k ) To perform those other duties which may 
be conferred upon him from time to time. 

COMMENTARY 



This section is new. It carries out, in char- 
ter language, Recommendation #14 (Part I, 
pages 21-25). Discussion of the reasons for 
the proposal may be found there. 

This section establishes basic powers and 
duties for all agency administrators. This 
section, together with section 3.504, below, 
determine the relationship between the agency 
administrator and the agency board. 



48. 



3.503 Coordination of Other Offices. 

(a) An agency, by ordinance or by reorgani- 
zation plan, may be given the responsibility, to 
the extent permitted by law, to coordinate the 
activities of other offices which perform acti- 
vities related to the jurisdiction of the agency. 
As used in this section the term "other offices" 
means an office or department of the executive 
branch of the city and county, and other public 
bodies and private non-profit corporations designed 
to serve the city and county and wholly or partially 

funded by it. 

(b) An agency administrator may be given 
authority : 

(1) To convene and chair meetings of 
officials of other offices; 

(2) To prepare for the mayor proposed 
policies and plans for cooperative and coordinated 
action of the agency and other offices in areas of 
common concern; 

(3) To review and comment on budgets, 
plans, and policies of other offices, prior to 
adoption ; 

(4) To perform additional duties which 
may be conferred upon him consistent with a relation- 
ship of coordination rather than direction. 

(c) An agency administrator shall have no 
authority over the internal affairs, personnel, or 
property of other offices. 

COMMENTARY 



This section is new. It carries out, in char- 
ter language, Recommendation #14 (Part I, 
pages 21-25). Discussion of the reasons for 
the proposal may be found there. 

The "other offices" which are proposed to be 
coordinated under this section when these 
proposed amendments would go into effect are 
described in section 5.107. 



49 



3.504 Agency Boards. 



(a) There shall be a board for each agency, 
composed of persons, appointed by the mayor, who are 
broadly representative of the various community interests 
concerned with the activities of the agency. The number 
and terms of its members shall be established by 
ordinance or by reorganization plan. Compensation, if 
any, shall be established by ordinance. 

(b) Agency boards shall have no management re- 
sponsibilities but shall: 

(1) Advise and counsel the agency adminis- 
trator on agency policies, plans, programs, rules, 
regulations, and practices. 

(2) Investigate, make findings, and recommend 
actions on matters of public concern within the juris- 
diction of the agency. 

(3) Advise and counsel the mayor on the 
criteria for the selection of the agency administrator. 

(4) Disseminate information about and foster 
public understanding of agency activities. 

(5) Review agency activities, operations, 
and services, and make recommendations for their 
improvement . 

(6) Exercise such other powers, consistent 
with the management responsibilities and other powers 

and duties of the agency administrator, as may be assigned, 



COMMENTARY 



The new section carries out, in charter 
language, Recommendation #16 (Part I, pages 
29-31) . Discussion of the reasons for the 
proposal may be found there. 



50 



Chapter Six . Departments . 
3.600 Functions, Powers, and Duties 



There may be departments, with those functions, 
powers, and duties this charter, ordinance, or 
reorganization plan may provide. 

COMMENTARY 



This section is new. It carries out, in char- 
ter language, Recommendation #18 (Part I, pages 
32-33). Discussion of the reasons for the 
proposal may be found there. 

The section defines, as simply and flexibly as 
possible, the existence of departments. How 
many departments there should be, where they 
should be placed in the structure of city 
government, and what specific duties and respon- 
sibilities they should be assigned, are left to 
be changed from time to time, instead of being 
frozen into the charter. 

This section is parallel to sections 9 (first 
paragraph) and 20 (last paragraph) which give 
the board of supervisors, the mayor, the chief 
administrative officer, and boards and commis- 
sions broad powers of reorganization. 

It should be noted that the transition provisions 
of the staff's proposals continue existing de- 
partments unless and until changed in the future 
(5.105b). Adoption of these proposals would 
therefore not result in a break from the present 
departmental organization of city government. 
Rather, the proposals recognize the need for 
continuity and gradual change where necessary. 

3.601 Department Heads. 



The head of the department shall be appointed by 
the agency administrator and shall be qualified 
to perform the functions and duties of the office. 
He shall be immediately responsibile to the agency 
administrator for the administration of the department, 

51. 



COMMENTARY 



This section is new, but closely parallels 
section 60 which authorizes the chief adminis- 
trative officer to appoint heads of depart- 
ments under his jurisdiction, responsible to 
him and subject to his supervision and control, 

The agency administrator is responsible for 
seeing that the agency's mission is performed. 
His immediate subordinates, who will be in 
direct charge of departmental operations, 
must report to him and be responsible to him. 
The alternative, to have the mayor appoint 
department heads, would result in tangled 
lines of command and responsibility. 



3.602 Departmental Commissions. 



(a) Commissions for departments may be 
created by ordinance, upon recommendation of the 

mayor, or by executive reorganization plan. Such com- 
missions shall be composed of persons, apointed by the 
mayor, who are broadly representative of the various 
community interests concerned with the activities of 
the department. The number and terms of its members 
shall be established by ordinance or reorganization 
plan. 

(b) Except for the police and fire commissions, 
departmental commissions shall have no management 
responsibilities but shall: 

(1) Advise and counsel the department heads 
on department policies, plans, programs, rules, regu- 
lations, and practices. 

(2) Investigate, make findings, and recommend 
actions on matters of public concern within the juris- 
diction of the department. 

(3) Advise and counsel the agency administrator 
on the criteria for the selection of the department head. 

(4) Disseminate information about and foster 
public understanding of department activities. 



52 



(5) Review department activities, operations, 
and services, and make recommendations for their improve- 
ment. 

(6) Exercise such other powers, not in- 
consistent with the management responsibilities and 
other powers and duties of the department head, as 
may be assigned. 

COMMENTARY 



This new section carries out, in charter lan- 
guage, Recommendation #16 (Part I, pages 29-31) 
Discussion of the reasons for the proposal 
appears there. 



Chapter Seven . Non-Departmental Commissions 
3.700 Functions, Powers, and Duties. 



There may be non-departmental commissions whose 
functions and duties are not confined to the affairs 
of a particular department. Non-departmental com- 
missions shall have those functions, powers, and 
duties this charter, ordinance, or reorganization 
plan may provide. 

COMMENTARY 



This section is new. Its purpose is to give 
charter recognition to the need for commissions 
which are not tied directly to departmental 
operations, but which perform a variety of 
essential functions. An example is the Art 
Commission. In order to avoid perpetuation 
of a rigid organization in the charter, neither 
these nor other commissions are specifically 
provided for in the charter (with the exception 
of the police, fire, and zoning commissions, 
discussed immediately below) . 



53 



Chapter Eight . Police Department, Fire Department , 
and Zoning Commission. 



3.800 Police Department, 



(a) There shall be a police department which 
shall have the primary responsibility for preserving 
the public peace, preventing and detecting crime, 
and enforcing the traffic laws. 

(b) The police department shall be under the 
management of a police commission consisting of five 
members appointed by the mayor, to serve a term of 
three years unless sooner removed by him. Compen- 
sation shall be established by ordinance. The terms 
shall commence at noon on the second Monday of 
January. Initial terms shall expire as follows: 
one term in 1971, two terms in 1972, and two terms 
in 1973. 

(c) The police commission shall appoint a chief 
of police who shall hold office at the pleasure of 
the commission and who shall be immediately respon- 
sible to the commission for the administration of the 
department. 

COMMENTARY 



This section is derived from present sections 
35 and 35.1, and carries out, in charter 
language, Recommendation #17 (Part I, pages 
31-32). Discussion of the reasons for the 
proposal may be found there. 

It is proposed that the commissioner's term be 
shortened to three years, in recognition of the 
fact that the job is one of the most time- 
consuming and difficult in city government, and 
that the present four-year term represents a 
substantial personal sacrifice for a commissioner 



54. 



3.801 Fire Department 



(a) There shall be a fire department which 
shall have primary responsibility for preventing 
and extinguishing fires and promoting fire safety. 

(b) The fire department shall be under the 
management of a fire commission consisting of five 
members appointed by the mayor to ser.e a term of 
three years unless sooner removed by him. Com- 
pensation shall be established by ordinance. The 
terms shall commence at noon on the second Monday 
of January. Initial terms shall expire as follows: 
one term in 1971, two terms in 1972, and two terms 
in 1973. 

(c) The fire commission shall appoint a fire 
chief, who shall hold office at the pleasure of the 
commission and ^vho shall be immediately responsible 
to the commission for the administration of the de- 
partment . 

COMMENTARY : 



This section is derived from section 36, first 
and second paragraphs. It carries out, in 
charter language, Recommendation #17 (Part I, 
pages 31-32). Discussion of the reasons for 
the proposal may be found there. 

The discussion under section 3.800, immediately 
above, applies as well to the fire commission. 



3.802 Zoning Commission. 

(a) There shall be a zoning commission 
composed of members appointed by the mayor. The 
number, terms of office, and compensation, if any, 
of members of the commission shall be established 
by ordinance. 



(b) The zoning commission shall have the power 
and duty to approve or disapprove, after public 
hearing, proposed changes in zoning regulations, in 
accordance with procedures established by ordinance. 
Changes approved by the commission may be adopted 
by the board of supervisors by a majority vote, but 
disapproved changes may be adopted only by a two- 
thirds vote of all members. The commission shall 
perform such other functions with respect to zoning 
as are assigned to it by ordinance. 

(c) The planning commission may be authorized 
by ordinance or reorganization plan to serve as the 
zoning commission. 

COMMENTARY : 



This section is derived from existing section 
117.1. 

The section has been shortened from 390 to 126 
words, by providing that, in keeping with Recom- 
mendation #1 (Part I, page 9), much of the 
detailed procedure now spelled out in the section 
be put into ordinance. 

Zoning powers and procedures are not a subject 
of first year study and no substantive changes 
are proposed. Therefore, the existing rule that 
certain zoning decisions of the planning commis- 
sion can be overturned only by a two-thirds vote 
of the board of supervisors has been retained 
in the charter because only the charter can impose 
a requirement of an extraordinary majority for 
passage of an ordinance. 

The section, read together with section 5.105(d), 
provides that the planning commission shall, for 
now, continue to exercise its present powers with 
respect to zoning, but that a separate "zoning 
commission" may be set up in the future. This 
recognizes the strong arguments both for combining 
and for separating the planning and zoning functions, 
Zoning matters are very time consuming, and detract 
from time available for broader, longer-range plan- 
ning that a planning commission should do. On the 
other hand, zoning is a major instrument of carry- 
ing out physical plans, and acquaintance with zoning 
problems may make for better plans. 



Chapter Nine : Community, Neighborhood, or District 
Councils and Boards. 



3.900 Community, Neighborhood, or District Councils and 
Boards . 



In order to promote and provide for broad 
citizen participation in municipal government, the 
board of supervisors may by ordinance create community, 
neighborhood, or district councils and boards. Such 
councils and boards may be given those responsibilities 
and powers with respect to matters of community, neighbor- 
hood, or district concern as the board of supervisors 
may provide by ordinance. 

COMMENTARY 



This section is new. 

It carries out, in charter language, Reco- 
mmendation #28 (Part I, pages 44 and 45) . 
The reasons for the proposed section are stated 
there . 



Chapter Ten. General Provisions 



3.1000 Boards and Commissions 



(a) In addition to other powers and duties 
granted or imposed by this charter, each board and 
commission shall have the following powers and dut.i es : 

(1) To prescribe reasonable rules and regula- 
tions, consistent with this charter, for the conduct of 
its affairs. 

(2) To select from its members a president, 
and other officers, for such terms as it may prescribe 
by rule. 

57. 



(3) To hold, at regular fixed times and places, 
public meetings at which members of the public shall have 
an opportunity to be heard; 

(4) To prepare a written calendar of the 
business scheduled for each meeting, and make the calendar 
available to the office of information and complaints 

and to the public at least three working days before 
each meeting. 

(b) A quorum for the transaction of official business 
shall consist of a majority of all members, but a smaller 
number may adjourn from time to time and may compel the 
attendance of absent members. 

(c) Each board and commission shall keep a record of 
the proceedings at each meeting and shall promptly forward 

a copy to the mayor and the appropriate principal executive, 
if any. 

COMMENTARY: 



This section is derived from present section 
19, somewhat shortened and simplified. Re- 
commendation #16 (Part I, pages 29-31) would 
relieve most boards and commissions of manage- 
ment responsibilities. The proposed changes 
would delete those provisions of the present 
section which are only appropriate to commis- 
sions with management powers. For example, the 
power to require a bond from executives and 
employees is deleted. 

3.1001 Principal Executives and Boards and Commissions 
Appointing Principal Executives. 



(a) The following are principal executives 

(1) elective officers; 

(2) the chief administrative officer; 

(3) the controller; 

(4) the director of information and 
complaints ; 

58. 



(5) agency administrators; 

(6) heads of departments; 

( 7) executives appointed by boards or 
commissions . 

(b) Each principal executive shall have the 
following powers and duties: 

(1) He shall act as the appointing officer 
under the civil service provisions of this charter for 
the appointment, discipline, and removal of officers 
and employees serving in his office, agency, or depart- 
ment and shall issue or authorize all requisitions for 
the purchase of and approve all claims for payment for 
materials, supplies and equipment for his office, agency, 
or department. He may delegate these duties to a 
subordinate. 

(2) He shall make all non-civil service and 
temporary appointments and removals in his office, 
agency, or department, except that the head of any 
department within an agency shall make such appointments 
and removals subject to the approval of the agency 
administrator, and principal executives appointed by 
boards and commissions shall make such appointments 
subject to the approval of the board or commission. 

(c) Each board or commission appointing a principal 
executive, and each principal executive except the head of 

a department within an agency and a principal executive 
appointed by a board or commission, shall have the 
following powers: 

(1) He may, in accordance with relevant civil 
service procedures, reduce the forces under his juris- 
diction to conform to the needs of the work for which he 
is responsible. 

(2) Subject to the civil service provisions 
of this charter, and subject to the approval of the 
mayor, he may combine or transfer or redistribute among 
units within the office, agency, or department in his 
charge any of its assigned functions or duties and may 
create, modify, or abolish administrative units within 
the office, agency, or department, provided, that 
departments within an agency may be created or abolished 
only by reorganization plan or ordinance. 

59. 



COMMENTARY: 



This section is derived from present sections 
19 and 20. It carries out, in charter language, 
Recommendation #14 (Part I, pages 21-25) and 
Recommendation #17 (Part I, page 31). The rea- 
sons for the proposals are discussed there. 

The proposed section combines and somewhat 
simplifies powers and duties now vested in boards, 
commissions, and department heads, and vests them 
in "principal executives, " who have management 
responsibility for operations and programs. 

The term "principal executive" has been substi- 
tuted for the term "department head" because it 
is more descriptive of the offices being described. 



3.1002 Joint Service 



(a) In order to promote coordination of 
related activities, the mayor may authorize joint 
service, in any capacities, in offices, agencies, 
departments, boards, and commissions of the execu- 
tive branch 'and of another public body or private 
non-profit corporation serving the city and county. 

(b) The mayor may authorize joint service, in 
any capacities, in two or more offices, agencies, 
departments, boards, or commissions within the 
executive branch. No joint service shall be 
authorized for an officer whose appointment must be 
confirmed by the board of supervisors, or which 
would allow any person to review his own decisions 
or actions. 

(c) If more than one position is compensated, 
compensation shall be adjusted so that the officer 
or employee is not compensated more than once for 
the same service . 

(d) Holding more than one office or position 
pursuant to this section shall not be deemed incom- 
patible employment. 



60 



COMMENTARY : 



This section is new. It is designed to permit 
the same person to serve in two different 
capacities when it would benefit the city and 
county that he do so. Coordination could be 
significantly enhanced by this technique. For 
example, an agency administrator might serve 
as board chairman or perhaps even director of a 
special authority which his agency is supposed 
to coordinate under proposed section 3.503. 



3.1003 Civil Service Exemptions 



In addition to positions expressly exempted by other 
provisions of this charter, the following positions, or 
positions succeeding to the functions performed by the 
following positions, shall be exempt from the civil 
service provisions of this charter: 

(1) The chief administrative officer and one 
assistant; 

(2) The budget director and one assistant; 

(3) The planning director and one assistant who 
shall also be executive secretary to the planning 
commission; 

(4) The controller and one assistant; 

(5) The director of information and complaints and 
one assistant; 

(6) The staff director-counsel and one assistant 

who shall also be executive secretary of the board of appeals 



(7) The director of public health, the assistant 
director of public health, and the administrator of San 
Francisco General Hospital in the deparment of public 
health; 



61 



(8) The general manager of recreation and parks 
and one assistant who shall also be the Executive 
Secretary to the Recreation and Parks Commission., the 
Supervisor of Parks , the superintendent of parks , the 
superintendent of recreation, the director of the zoo, 
and the director of Strybing Arboretum; 

(9) The director, the secretary to the board, 
and curators and scientific personnel of the M. H. 
de Young Memorial Museum, the California Palace of 
the Legion of Honor, and the California Academy of 
Sciences . 

(10) The managing director and the secretary 
of the board of trustees of the War Memorial; 

(11) The chief, the secretary to the commission, 
and one physician in the fire department; 

(12) The chief and the surgeon in the police 
department; 

(13) the heads of departments and bureaus 
managing the public utilities owned and operated by the 
city and county, and one assistant for each Department Head; 

(14) The librarian and one assistant who shall 
also be executive secretary to the library commission; 

(15) The director of the department of social 
services and one assistant; 

(16) The director of the human rights commission 
and one assistant; 

(17) Director of Finance records and one 
assistant; the Department of Public Works and one 
assistant; the purchaser of supplies; the city 
engineer; an attorney for the public administrator; 

(18) The port director and one assistant; 

(19) Agency administrators and one assistant 
for each administrator; 

(20) Department heads not named above and one 
assistant for each department head; 

(21) The executive directors or secretaries of 
each commission authorized by section 3.700. 



COMMENTARY 



This section is derived from a number of 
sections presently scattered throughout the 
charter. It lists those officers and 
employees of the executive branch exempt 
from the civil service provisions of the 
charter who are not expressly exempted in 
other provisions. 

The only positions on this list which are 
not exempt under existing provisions of the 
charter are the following: 

One assistant for the chief administrative 
officer; 

The director of the newly-created budget 
department, and one assistant; 

One assistant to the controller; 

The director of the newly-created office of 
information and complaints, and one assistant; 

The staff director-counsel to the board of 
appeals ; 

Agency administrators and one assistant for 
each administrator (six agencies are proposed) ; 
and 

One assistant for each of a number of Department Heads 



63 



Chapter Eleven . Executive Reorganization , 
3.1100 Reorganization Plans. 



In order to enhance the effectiveness and efficiency 
of the executive branch, the mayor may submit to the 
board of supervisors a proposed reorganization plan 
to create, alter, or abolish offices or departments; 
to designate or change their names, or the titles of 
their principal executives; and to abolish or transfer 
and redistribute functions among offices, agencies, 
and departments . 

COMMENTARY 



See commentary following section 3.1103 



3.1101 Applicability of Plans 



A reorganization plan shall not affect: 

(a) The office of the controller, the 
office of information and complaints, the board 
of appeals, the zoning commission, the chief 
administrative officer, the police department, the 
fire department, the budget department, and the 
planning department. 

(b) Any office whose primary function is to 
serve the legislative or judicial branch of city and 
county government. 

(c) Elective offices, except with respect to 
assignment of coordinating responsibility. 

(d) The powers, duties, and functions provided 
by Article II of this charter for agencies, departments 
and their principal executives. 

(e) The creation, abolition, or definition of 
primary responsibilities of agencies. 



64. 



COMMENTARY 

See commentary following section 3 . 1103 
3.1102 Required Plan Provisions. 



A reorganization plan shall: 

(a) Provide for the transfer of civil service 
employees who are engaged in the performance of a 
function or duty transferred to another office, agency, 
or department, which transfer shall not affect their 
status, position, compensation, and pension or retire- 
ment rights and privileges. 

(b) Provide for the transfer of any unexpended 
balances of appropriation and other funds available 
for use in connection with any agency or function 
affected by the reorganization, but unexpended balances 
so transferred shall be used only for the purpose for 
which the appropriation was originally made, except 

as this charter otherwise permits. 

(c) Include a draft of any amendments to existing 
ordinances required to make them conform to the re- 
organization plan. 



COMMENTARY 



See commentary following section 3.1103 



3.1103 Effective Date of Plans 



A reorganization plan shall become effective 
forty-five days after submission to the board of 
supervisors unless the board of supervisors rejects 
it by resolution passed within that time. 



65 



COMMENTARY 

Proposed sections 3.1100, 3.1101, 3.1102, 
and 3.1103 are derived from sections 9 and 
20. They carry out, in charter language, 
Recommendation #18 (Part I, pages 32 and 33). 
The reasons for the proposed changes are stated 
there. 

Section 9 of the charter now permits the board 
of supervisors to create or abolish departments, 
on the recommendation of the mayor or the chief 
administrative officer. There is no charter 
limit on this power. Section 20 permits the 
mayor, the chief administrative officer, or a 
board or commission to combine or transfer and 
redistribute functions or duties among depart- 
ments. This power, too, is essentially without 
charter limitation. 

The proposed sections do impose limits, to assure 
that any reorganization adequately protects the 
rights of employees and provides for orderly 
transition . 

The proposed sections strictly limit applicability 
of reorganization plans, so that they cannot affect 
the basic framework of city and county government. 

The proposed sections provide that a reorganization 
plan will become effective unless the board of 
supervisors actsaf f irmatively to reject it within 
a set period of time. This procedure is being 
employed successfully both by the State of California 
and the federal government as a way of keeping 
organization streamlined and efficient. It recognizes 
that the chief executive officer - the mayor - as 
the person with the ultimate responsibility for the 
effective functioning of the executive branch should 
be able, within limits, to organize the executive 
branch as he considers necessary to perform his 
duties. The board of supervisors would retain 
the right to disapprove a reorganization if 
it has objection to it. 

One proposed alternative to this approach would 
be to have the mayor submit a plan in the form 
of an ordinance, which would then have to be 

66. 



passed by the board. But because the board 
need take no action on proposed ordinances, it 
could frustrate the mayor's proposal simply by 
failing to act. 

Another alternative—to allow the mayor to make 
changes without board approval--would leave the 
board with too little voice in making these 
important decisions. 

ARTICLE IV . 
The Budget and Fiscal Administration 
Chapter One . Fiscal Year . 

4.100 Date of Commencement. 



Unless otherwise provided by ordinance, the fiscal 
year for the city and county shall begin on the 
first day of July of each year. 

COMMENTARY 



This section is derived from the first para- 
graph of section 69, amended to allow change 
in the fiscal year, if ever desired, without 
charter amendment. 



Chapter Two . The Budget . 



4.200 Nature and Content. 

(a) The budget shall constitute a complete 
financial plan for all revenues and expenditures 
for the fiscal year following its adoption and 
shall conform to modern budgeting practices. 

(b) The budget shall include: 

(1) An estimate of all revenues, by source; 
an estimate of surplus funds to be carried over from 
the preceding year; and all proposed expenditures, 

67. 



including amounts required for debt service, for the 
ensuing year. 

(2) The proposed capital and operating 
expenditures and proposed methods of financing those 
expenditures, for each program and each office, 
agency, and department, and an explanation of pro- 
posed changes from prior levels of expenditures. 

(3) An explanation of proposed changes from 
prior levels in the number of proposed positions and 
rates of compensation. 

(4) Information designed to aid the board of 
supervisors and residents of the city and county in 
evaluating the need for and purposes, unit costs, and 
results of each program. 

(5) A summary, readily understandable by 
the general public and suitable for publication. 

(6) Any other information the mayor considers 
desirable or the board of supervisors requests. 

COMMENTARY 



This section is derived from the fifth and 
sixth paragraphs of section 69 and from section 
70. It carries out, in charter language, Recom- 
mendations #20 and #21 (Part I, pages 35-36). 
The reasons for the proposed changes are stated 
there . 

The section is intended to make the city's 
budget a far more useful instrument than it is 
now. The present budget form focuses all atten- 
tion on a comparision of the proposed expenditures 
with those of the preceding two years. That 
information is useful, and much of it would still 
be required, but the emphasis in the budget would 
be shifted to include (a) the relationship be- 
tween revenues and expenditures, (b) why a given 
expenditure is needed, and (c) the relationship 
between an expenditure and the results it is 
expected to achieve. The provisions encourage 
adoption of many of the features of program or 
performance budgeting, but the requirements are 
quite broad so that the form of the budget can 
change and improve in the future -- as techniques 
of municipal budgeting are refined -- without need 
for charter amendment. 



4.201 Preparation and Submission. 



(a) The budget director shall determine the 
form and time for submission of budget proposals from 
city and county offices, agencies, and departments. 
The budget director shall analyze the budget proposals, 
hold public hearings on them, and report his recommen- 
dations to the mayor. 

(b) Not later than ninety davs before the end 
of the fiscal year, or on another date provided by 
ordinance, the mayor shall transmit his proposed 
comprehensive budget to the board of supervisors, 

with an accompanying message and drafts of appropriation 

salary, and revenue ordinances implementing the 
proposed budget. Total expenditures proposed in 
the budget shall not exceed the total of estimated 
revenues from the revenue sources recommended in 
the budget and surplus funds estimated to be 
carried over from the preceding year. 



COMMENTARY 



This section is derived from sections 69 
and 72, greatly modified. It carries out, 
in charter language, Recommendation #19 
(Part I, page 35). The reasons for the pro- 
posed changes are stated there. 

The provision requiring public hearings is new. 
At present, under the sixth paragraph of section 
69, hearings are permitted but not required. 
Public hearings by the finance committee of the 
board of supervisors are very helpful but they 
come very late in the budget process. The public 
should be permitted to make its views known before 
budget proposals get either eliminated or "frozen" 
into a comprehensive budget submitted to the board 

4.202 Budget Approval and Passage of Ordinances. 

(a) The appropriation and salary ordinances 
shall be considered in the manner provided for 
ordinances, except that the summary of the budget 
shall also be published and that the ordinances 
shall not be passed sooner than fifteen days after 
introduction . 

69. 



(b) Copies of the mayor's budget message and 
the proposed budget shall be provided for official 
use and for distribution to interested citizens . 

(c) The board of supervisors may add or delete 
programs, and increase or decrease amounts, except 
expenditures required by law or for debt service, 
but no change in the budget shall increase the 
authorized expenditures to an amount greater than 
the total estimated revenue plus estimated surplus 
from the preceding year, and no capital expenditure 
may be included unless the planning commission has 
reported on it . 

(d) The board of supervisors shall pass the 
necessary appropriation and salary ordinances to 
carry out the budget approved for the following 
fiscal year no later than thirty days before the 
beginning of the fiscal year, except that in order 
to be able to establish the property tax levy at the 
same time the budget is adopted, the board may, by 

a vote of two-thirds of its members, resolve to 

postpone adoption of the budget to a later date, 
and the amounts appropriated for the current fiscal 
year shall be deemed adopted for the ensuing fiscal 
year on a month-to-month basis, with all items in it 
prorated accordingly, until the budget is adopted. 



Subsections (a) and (b) are derived from the 
first, second, and fourth paragraphs of section 
72. Under the proposed subsections the appro- 
priation ordinance would not be published in full, 
but the budget summary would be. This carries out 
Recommendation #21 (Part I, page 36) . 

Subsection (c) is derived from the sixth and 
eighth paragraphs of section 72, which have been 
modified to give the board the budgetary powers 
recommended in Recommendation #7 (Part I, page 
14) . 

Subsection (d) is derived from the ninth para- 
graph of section 72, changed to accommodate 
a possible shift in fiscal year and to allow 
the board of supervisors to postpone adoption 
of the budget for the reasons explained in Part I, 
pages 14 and 15 (Recommendation #7) . 



4.203 Appropriation Ordinance. 

(a) Subject to the provisions of section 4.204, 
appropriations shall be made in lump sum amounts 
according to the following classes of expenditure for 
each office, each department not within an agency, 
and each operating department and separate adminis- 
trative unit within an agency: 

(1) Personal services. 

(2) Materials, supplies, and services. 

(3) Equipment. 

(4) Capital outlays. 

(5) Debt service. 

(6) Additional classes as the mayor 
shall recommend in the proposed appropriation 
ordinance . 

(b) Upon passage of the appropriation ordinance, 
the offices, agencies, and departments shall be 
authorized to use the money appropriated to them 
for the general classes of expenditures specified in 
the ordinance, subject to any allotment schedule 
or any other expenditure limitations contained in 
regulations issued by the budget director. Appropriation 
items not appropriated to a specific administrative unit 
shall be administered by the chief administrative officer, 

COMMENTARY 



Subsection (a) is new. It is related to 
the fifth paragraph of section 69 which does 
not list classes of expenditures but authorizes 
the controller to establish a classification of 
objects of expenditures for budgetary purposes. 

The classification employed is carried over into 
the appropriation ordinance and determines the 
amount of control the legislative branch — the 
board of supervisors — retains over expenditures, 
and the degree of budgetary flexibility, within 
the dollar ceiling, the executive branch retains. 



71 



Classifications drawn very narrowly by the legis- 
lative branch can tie the hands of the executive 
and can actually be an intrusion into administrative 
affairs. On the other hand classifications drawn 
too broadly can result in a loss of essential 
legislative control on spending. So this classifi- 
cation is a key issue in the relationship between 
the legislative and executive branches. Therefore, 
it is not a matter that the controller should 
decide. 

The staff proposal puts into the charter classifi- 
cations which will strike a balance, giving the 
board of supervisors adequate control without unduly 
restricting administrative flexibility . This is 
a classification widely accepted in the field of 
public finance. 

Subsection (b) derives from paragraph 12 of the 
present section 72. It has been simplified, and 
superfluous language eliminated, to reduce its 
length from 154 to 69 words. A new provision has 
been added to permit the budget director to issue 
regulations that would further restrict the authority 
of administrative units to spend money appropriated 
to them. This authority is generally considered 
necessary for effective fiscal management. 



4.204 Annual Salary Ordinance 



(The subject matter of this section, which is 
contained in section 73 of the charter, has not 
been considered during the first year of the 
Charter Revision Committee's work because it is 
closely related to civil service procedures, a 
second year topic.) 

4.205 Revenue Ordinances. 

At the time of the adoption of the budget and 

passage of the annual appropriation ordinance, or 

as soon thereafter as feasible, the board of 

supervisors by ordinance shall levy taxes and 

establish lees, rates, charges, or fares the 

estimated proceeds of which, together with the 

total amount of receipts and revenues estimated 

to be received Irom all other sources, will be 

sufficient to meet all appropriations made by the 

annual appropriation ordinance. 

72. 



COMMENTARY 



This section is derived from paragraph 1 of 
section 78. It has been modified to include 
the whole range of revenues, not merely the 
property tax levy. The date of September 15, 
as the outside date for levying taxes, has 
been eliminated. 

The objective is to relate revenues more closely 
to expenditures and to encourage a broader con- 
sideration of potential revenue sources. At 
the present time the property tax rate is re- 
garded in the charter as the only flexible 
revenue source, and it is to make up the 
difference between expenditures and revenues 
received from other sources. The changes should 
encourage the development of a comprehensive 
budget covering all revenues and expenditures. 

Chapter Three . Fiscal Administration . 



4.300 Custody of Funds . 

(a) All moneys and checks received by any 
officer or employee of the city and county for, or 
in connection with the business of the city and 
county, shall be paid or delivered into the treasury 
not later than the next business day after its receipt, 
and shall be receipted for by the treasurer. Daily 
statements of such receipts and deposits shall be 
prepared and transmitted to the controller and the 
treasurer. All pension funds and securities shall 

be deposited with the treasurer. 

(b) The board of supervisors shall by ordinance 
provide for the safe custody of all money and property 
in the possession or under the control of the treasurer, 

(c) The deposit of public funds shall be governed 
by state law. 

COMMENTARY 



This section is drived from sections 82 and 
83, from which substantial material, which is 

73. 



either unneccessary (because the subject is 
governed by State law), obsolete, or better 
handled by ordinance, has been eliminated. 
The number of words has been reduced from 
approximately 530 to 120. 



4.301 Allotments 



The budget director shall revise revenue estimates 
periodically and shall establish an allotment schedule 
for each office, agency, or department so that the 
rate of spending does not exceed current estimates 
of revenue For the year. Only the allotted portions 
of expenditure appropriations shall be considered 
available for encumbrance or expenditure. 

COMMENTARY 



This section is derived from paragraph 11 of 
section 72 and carries into charter language 
Recommendation #22 (Part I, page 38) . The 
substance of the provision regarding the use 
of allotments as a fiscal control device has 
been retained but the procedure has been 
altered to conform to the provisions of previous 
sections vesting administration of the budget in 
the budget director. 



4.302 Encumbrance, 



Except for emergency obligations or expenditures 
incurred in the exercise of the powers conferred 
by section 3.201, and except for obligations or 
expenditures chargeabl e against revolving funds 
established pursuant to section 4.304, no officer 
or employee shall incur an obligation for the 
expenditure of any money until the controller has 
certified that the proposed expenditure falls within 
an appropriation class to which funds have been 
appropriated and allotted, and that there is sufficient 
unencumbered balance to satisfy the obligation. The 
amount certified shall be an 'encumbrance' against 
the account until the obligation is fulfilled or 
cancelled. 

74. 



COMMENTARY 



This section is derived from section 85. 

It should be read in conjunction with section 

4.303 and the commentary following it. 

The exception for emergency obligations and 
expenditures is new and is designed to make 
clear that in the exercise of his emergency 
powers the mayor may incur obligations without 
the necessity of obtaining the usual controller's 
certification . 



4.303 Disbursement. 



Disbursement of funds shall be made either by 
warrant or by check. The controller shall draw 
all warrants and checks and shall audit claims for 
payment in accordance with sound auditing practice, 



COMMENTARY 



This section and section 4.302 are derived 
from section 85 which has been shortened, 
simplified, and modified in a number of 
significant respects. It should be read 
in conjunction with section 3.401, regarding 
the audit responsibilities and duties of the 
controller. 

The intent of the section is to retain all 
fiscal safeguards which aggressive auditing 
provides, to assure that departments do not 
overspend, and to relieve the controller of 
the responsibility of having to certify the 
legality of every appropriation and expendi- 
ture. Legality should be determined by the 
city attorney. 

The section is also designed to relax the 
requirement that the controller, at his peril, 
perform a complete audit of each and every 
city and county transaction before he authorizes 
payment. Sound and accepted auditing practices 
would permit him to be more selective, to direct 

75. 



his limited staff resources to problem areas, 
and to devote more staff time to post-audit 
activities . 

A new provision has been added to the section to 
permit payment of claims by check. This addition 
is to provide flexibility so that the city and 
county could employ this method if it proved 
advantageous. Other cities have cut costs by 
doing so. 

4.304 Disbursement in Advance of Revenues. 



(a) Expenditures which must be made prior to 
receipt of anticipated revenues for the year may be paid 
out of the cash reserve fund, or by temporary transfers 
between funds, or out of receipts from tax anticipation 
notes . 

(b) The tax rate may be set to produce the amount 
considered necessary for a cash reserve fund and year 
end surplus may be appropriated to the fund. The fund 
may be used only to pay expenditures appropriated for 
the year which the budget director determines should, 
in the interests of effective administration, be 
incurred and paid before anticipated revenues for the 
year are received. 

(c) If cash reserve funds are not sufficient, the 
board of supervisors may authorize, for periods not to 
exceed six months, temporary transfers of idle unencumbered 
balances in any fund except a pension fund to other 
expenditure accounts. 

(d) If cash reserve funds and temporary transfers 
between funds are not sufficient, the city and county 
may borrow in anticipation of revenues, through tax 
anticipation notes, to the extent and in the manner 
provided by state law. 

COMMENTARY 



This section is derived from Section 81, 
which has been simplified with some changes 
in substance. The number of words has been 
reduced from approximately 1280 to 173. 



76. 



The procedures have been modified to give 
the board of supervisors more flexibility 
and authority in making funds available to 
deal with "dry" periods when expenditures, 
which are fairly uniform throughout the year, 
get ahead of revenues, which generally lag 
behind expenditures because the first install- 
ment of property taxes is not paid until well 
after the fiscal year begins. 

A very detailed procedure for issuance of tax 
anticipation notes is presently contained in 
section 81. State law provides comparable 
procedures on which the city and county can 
rely. 

The budget director has been substituted for 
the controller in line with Recommendation #22 
(Part I, page 38) . 



4.305 Revolving Funds 



The board of supervisors, on the recommendation of the 
mayor, may establish revolving petty cash funds, a 
purchaser's fund, and other such revolving funds necessary 
to facilitate the operation of each unit of the city 
and county, and shall provide for periodic settlement 
with and audit by the controller of all revolving funds. 

COMMENTARY 



This section is derived from section 75 
which has been simplified without changing 
its meaning in order to reduce the number 
of words from 112 to 58. 

4.306 Transfers. 



(a) Unencumbered balances of appropriations may 
be transferred, in whole or in part, to the extent 
authorized by and in accordance with procedures 
established by the board of supervisors. Transfers 
of bond or trust funds shall be made only pursuant 
to section 4.304. 



77 



(b) Funds which are not required for the purpose 
for which appropriated may be transferred to other 
purposes, programs, or classes of expenditure to the 
extent authorized and in accordance with the procedures 
established by the board but no transfer shall be made 
to a capital improvement project unless the project has 
been reported on by the planning commission. 

COMMENTARY 



This section is derived from section 77 
and the first paragraph of section 80. 
It carries out, in charter language, 
Recommendation # 23 (Part I, pages 39 and 
40) . The reasons for the proposed changes 
are stated there. 



4.307 Supplemental Appropriations 



(a) Revenues collected or acquired from any 
source during the fiscal year in excess of the revenue 
estimated in the annual budget and appropriation 
ordinance may be appropriated by a supplemental 
appropriation ordinance. 

(b) A supplemental appropriation shall not be 
passed unless the controller has certified that, 
based on the current estimates of revenue of the budget 
director, there will be sufficient funds to meet the 
expenditure when due. 

COMMENTARY 



This section is derived from section 80. 

It has been simplified, clarified, and 

the procedure made less detailed and rigid, 

Cash reserve fund requirements have been 
modified to give the board of supervisors 
greater authority in providing funds for 
this purpose. 



78 



4.308 Surplus Funds. 



(a) Surplus funds consist of: 

(1) The balance of any appropriation which 
remains unencumbered at the close of a fiscal year, 
except that which is required by law to be held in 
specific funds or to be used exclusively for a purpose 
other than annual appropriations, and 

(2) Revenues accrued or collected from any 
source during a fiscal year which exceed the estimate 

of revenues and which have not been appropriated through 
supplemental appropriations. 

(b) Surplus funds may be appropriated to the 
cash reserve fund or the emergency reserve fund, or 
treated as cash available to support appropriations 
for the next fiscal year. 

COMMENTARY 



This section is derived from section 80, 
which it considerably simplifies. A long 
proviso for fiscal year 1933-1934 is 
deleted, as is an awkward and redundant 
definition of surplus. A provision in 
the first paragraph of section 80, requiring 
transfer to the cash reserve fund of surplus 
funds up to a stated amount, has also been 
deleted, because it impairs the authority 
of the board of supervisors. 

The protection given special or earmarked 
funds has been retained. 

4.309 Emergency Reserve Fund. 



(a) There shall be an emergency reserve fund, 
to be used to meet any emergency as defined in section 
2.302 of this charter. Any balance in the fund at 
the end of the fiscal year shall be carried forward 
in the fund. 



79. 



(b) The mayor shall annually recommend to 
the board of supervisors the amount the fund should 
contain. The board may fix tax rates to produce the 
amount it considers necessary for the. fund. 

(c) Appropriations from the fund shall be made 
only on the recommendation of the mayor and the vote 
of three-fourths of the members of the board. 

COMMENTARY 



This section is derived from section 79, 
and shortens it without substantive 
changes, except to omit a limitation on 
the rate at which annual appropriations 
could initially be made to the fund. 

4.310 Invalidity of Improper Acts. 



All obligations incurred, ordinances passed, and 
resolutions and orders adopted contrary to the 
provisions of this charter shall be void, and any 
claim or demand against the city and county based on 
them shall be invalid. 

COMMENTARY 



This section is derived from section 86, 
last paragraph, simplified slightly. 



4.311 Penalties 



Every officer who knowingly presents, approves, 
allows, or pays any demand or claim against the 
city and county not authorized by law shall be 
guilty of official misconduct and shall be liable 
to the city and county for any amount paid, provided, 
however, that no officer shall be liable for actions 
taken in reliance on an opinion of the city attorney 
that the action taken is legal. 



80. 



COMMENTARY 



This section is derived from section 86, 
paragraph 3, with two substantial changes. 
First, an officer would neither be guilty 
of official misconduct, nor personally 
liable, unless he knowingly violated rele- 
vant provisions of law. The official bonds 
required of city and county officers protect 
it adequately, and making an unknowing act 
official misconduct is harsh. Few other 
charters have such a provision. 

Secondly, officers of the city and county 
should be able to rely on its chief legal 
advisor's opinions; therefore, an officer 
who does act in reliance should not be 
personally liable for his actions. 



ARTICLE V. TRANSITION PROVISIONS 



COMMENTARY 



The provisions of this article are all new. 
They are designed to provide for the trans- 
ition from the situation that exists just 
before the amendments become effective to 
the situation that is to exist after they 
become effective. The provisions are 
"transitory" in that they are intended to 
apply only for a limited time. Once the 
transition has taken place there is no longer 
need for the provisions to remain in the 
charter . 



81 



5.100 Effect of Amendments on Existing Law 



(a) To the extent the provisions of these 
amendments are the same in terms or in effect as 
provisions of law in force when these amendments 
take effect, they shall be construed and applied as 
a continuation of those provisions of law. 

(b) All provisions of law relating to or 
affecting the city and county in force when these 
amendments take effect are hereby repealed and super- 
seded to the extent they are inconsistent with the 
provisions of these amendments and no further. 

COMMENTARY 



Subsection (a) is designed to continue 
in effect legal interpretation of existing 
charter language which the amendments would 
merely shorten and simplify. 

Subsection (b) is intended to make clear the 
limitations on the effect of the amendments. 

5.101 Protection of Incumbents 



(a) The changes in and transfers of functions 
and duties which occur at the time these amendments 
take effect shall not affect or impair the rights or 
privileges of officers or employees of the city and 
county relating to appointment, rank, grade, compensa- 
tion, tenure of office, promotion, discipline, removal, 
pensions and retirement, except as provided in this 
section. 

(b) Whenever a position previously within the 
classified municipal civil service is, pursuant to 
these amendments, specifically named and designated 
exempt from the civil service requirements of this 
charter, that designation shall take effect only 
after the incumbent of the position at the time these 
amendments take effect no longer holds the position. 



12. 



(c) The incumbent in the office of controller 
at the time these amendments take effect shall be 
appointed to the office of controller, with the func- 
tions, powers, and duties described in, and subject 

to the provisions of these amendments. 

(d) The incumbent in the office of chief admin- 
istrative officer at the time these amendments take 
effect shall be appointed to the office of chief 
administrative officer, with the functions, powers, 
and duties described in, and subject to the pro- 
visions of these amendments. 

(e) If because of these amendments all or 
substantially all of the duties of any position 
exempt from the civil service provisions of this 
charter are transferred to another office, agency, 
or department, that position shall be transferred to 
that office, agency, or department and the person 
holding the position on the effective date of these 
amendments shall continue to hold the position and 
perform the duties in that other office, agency, 

or department subject to the provisions of these 
amendments . 

(f) If the transfer of functions, powers, 

or duties to offices, agencies, and departments by 
these amendments results in the modification or 
discontinuance of the duties of any position exempt 
from the civil service provisions of this charter, 
the person holding that position on the effective date 
of these amendments shall be appointed to that posi- 
tion the duties of which, in the judgement of the 
mayor, are most nearly comparable to the duties pre- 
viously being performed and shall hold that position 
and perform the functions and duties of the position 
subject to the provisions of these amendments. 

(g) If because of these amendments all or 
substantially all of the duties of any civil service 
position are transferred to another office, agency, 
or department, that position shall be trans- 
ferred to that office, agency, or department and 
the person holding the position on the effective 
date of these amendments shall continue to hold the 
position and perform the duties in that other office, 
agency or department subject to all the rights and 
privileges the civil service provisions of this charter 
provide. 



(h) If the transfer of functions, powers, or 
duties to offices, agencies, and departments by these 
amendments results in the modification or discontinuance 
of the duties of any civil service position, the per- 
son holding that position on the effective date of 
these amendments shall be transferred to and appointed 
to, and shall be deemed qualified for, a new or reclas- 
sified position the duties of which are most nearly 
comparable to the duties previously being performed, 
without examination or further compliance with any 
civil service regulations governing transfers or appoint- 
ments and without reduction of salary or loss of pay. 

COMMENTARY 



This section is designed to assure that 
all incumbents in office at the time the 
proposed amendments would take effect would 
be protected. No one would lose his job 
as a result of adopting the proposed 
amendments . 



5.102 Transfer of Records and Property, 



All property, records, and equipment related to 
the exercise of those powers, duties, and functions 
which are reassigned by the provisions of these 
amendments shall be transferred to the office, agency, 
or department to which the assignment is made. 



COMMENTARY 



This section provides a common-sense rule 
to govern the transfer of property, records, 
and equipment. 

5.103 Continuity of Actions and Proceedings. 



All rights, claims, actions, orders, obligations, 
proceedings, and contracts existing on the effective 
date of these amendments shall not be affected by the 
adoption of these amendments except that where functions 
powers, and duties have been reassigned, the office, 
agency, or department to which the assignment is made 
shall have charge of the matter. 

84. 



COMMENTARY 



This section provides a common-sense rule 
to govern the transfer of various city and 
county activities, including actions and 
proceedings . 



5.104 Title and Jurisdiction of Agencies 



Unless and until modified by ordinance there shall 
be agencies having primary responsibility for and 
jurisdiction over all functions now or to be per- 
formed by the city and county, as follows: 

(a) The Housing and Development Agency shall 
have primary responsibility for the maintenance, 
improvement, and development of residential, com- 
merical, industrial, and public areas and buildings. 

(b) The Human Services Agency shall have 
primary responsibility for the development and opera- 
tion of programs designed to enhance the health and 
well being of the residents of the city and county 

and to deal with unemployment, poverty, discrimination, 
and other social problems. 

(c) The Municipal Services Agency shall have 
primary responsibility for assessment, the collection, 
and safekeeping of revenues and funds, the maintenance 
of official records, and the procurement of supplies. 

(d) The Recreation, Parks, and Cultural Affairs 
Agency shall have primary responsibility for the 
development and operation of parks and recreational, 
cultural, and leisure time facilities and activities. 

(e) The Transportation Agency shall have primary 
responsibility for the development and operation of a 
comprehensive transportation network to serve the city 
and county. 

(f) The Natural Resources Agency shall have 
primary responsibility for the provision of water and 
power, the disposal of waste, and the control of 
pollution. 



85 



COMMENTARY 



This section provides for the initial 
establishment of agencies, gives them 
titles, and defines their primary 
responsibilities. It carries out, in 
charter language, Recommendation # 15 
(Part I, pages 26, 27, and 28) . 



5.105 Assignment and Transfer of Existing Functions and 
Units to Agencies. 



(a) Offices, departments, and commissions, 
and their functions, are hereby transferred to 
agencies, as follows: 

(1) The Housing and Development Agency : 

The Department of Public Works, the Real Estate 
Department, and the Electricity Department are hereby 
transferred to the Housing and Development Agency. 

(2) The Human Services Agency : 

The Social Services Department, the Human Rights 

Commission, the Office of the Aging, the Delinquency 

Prevention Commission, the Public Health Department, and 

the Coroner's Office are hereby transferred to the 

Human Services Agency. The Human Rights Commission 

shall function as a department and not as a non-departmenta 

commission. 

(3) The Municipal Services Agency : 

The Department of Finance and Records, the Department 
of Weights and Measures, the County Agricultural 
Department, and the Purchasing Department are hereby 
transferred to the Municipal Services Agency. 

(4) The Recreation, Parks, and Cultural 
Affairs Agency : 

The Department of Recreation and Parks, the Library 
Department, the Art Commission, the War Memorial, the 
M.H. de Young Memorial Museum, and the California 
Palace of the Legion of Honor are hereby transferred 

86. 



to the Recreation, Parks, and Cultural Affairs Agency. 
The management and operation of the California Palace 
of the Legion of Honor, the M. H. de Young Memorial 
Museum, and the San Francisco War Memorial shall be 
in the charge of a board of trustees and shall be 
subject to the terms and conditions of gifts and trusts 
accepted by the city and county. 

( 5) The Transportation Agency : 

The Airport Department, the Municipal Railway Depart- 
ment, and the Port Commission are hereby transferred 
to the Transportation Agency. The provisions of these 
amendments as applied to the Port Commission shall be 
considered modified to the extent and for the time 
necessary to conform to the terms and provisions of 
Statutes of 1968, Chapter 1333 of the State of California, 
and of the contract between the State of California 
and the city and county dated January 24, 1969, relating 
to the transfer of the port area to the city and county, 
as they may be amended from time to time. 

(6) The Natural Resources Agency : 

The Water Department and the Hetch Hetchy project are 
hereby transferred to the Natural Resources Agency. 



(b) The departments, offices, and commissions 
transferred to agencies pursuant to subsection (a) 
shall function as operating units within the agency 
to which they are assigned and shall, subject to the 
provisions of this charter, continue to perform 

the functions and duties assigned to them at the time 
these amendements become effective. 

(c) Prior to the effective date of these amend- 
ments the mayor shall submit to the board of supervisors, 
pursuant to the provisions of these amendments, a reorgan- 
ization plan providing for the transfer of functions, 
property, and personnel under the jurisdiction of the 
public utilities commission which are not transferred 
pursuant to subsection (a) . Such reorganization 

plan shall be consistent with the provisions of 
section 4.101. 

(d) Unless and until ordinance or executive re- 
organization plan provides otherwise, the planning 
commission shall serve as the zoning commission. 

87. 



COMMENTARY 



Subsection (a) makes the assignment of offices, 
departments, and commissions to the agencies 
established in 5.104, as called for in Recom- 
mendation #15 (Part I, pages 26, 27 and 28). 
The assignment stops at the level of the depart- 
ment or other major administrative unit. Assign- 
ment is made to that agency in whose jurisdiction 
most of the functions of the department or other 
unit logically fall. There may be some functions 
performed by a department which should perhaps 
be performed by an agency other than the one to 
which the department is assigned. For example, 
the Department of Public Works is assigned to the 
Housing and Physical Development Agency, yet the 
functions performed by the division of streets 
and highways and the division of traffic engineer- 
ing in its bureau of engineering should perhaps 
be performed in the Transportation Agency because 
they relate so directly to transportation. The 
functions of the bureau of sewer repair and sewage 
treatment of the department of public works might 
more logically be performed in the Natural Resources 
Agency and so on. Adjustments along these lines, 
if thought desirable, can be made at a later time. 

Subsection (b) provides for continuation without 
interruption of the functions of departments, 
offices, and commissions within the agencies to 
which they are assigned. 

Subsection (c) has reference to those bureaus and 
other administrative units of the public utilities 
commission that are not assigned under subsection 
(a) . These "overhead" units serve the four 
operating departments within the public utilities 
commission and transferring the functions, personnel, 
and property to the office when the operating 
departments are assigned to different agencies 
will have to be worked out. Subsection (c) provides 
a procedure for developing that plan. 

Subsection (d) provides that the planning commission 
is to act as the zoning commission for the reasons 
stated in the commentary to proposed section 3.802. 



88, 



5.106 Continuation of Existing Boards and Commissions 



(a) Unless and until otherwise provided by 
ordinance or reorganization plan, all existing 
boards and commissions, except the public utilities 
commission, shall continue in existence and shall 
continue to perform the functions, and duties assigned 
to them at the time these amendments take effect 
except as modified to conform to the provisions of 
these amendments. 

(b) All members of boards and commissions, 
except the ex officio members of the planning commission 
and the members of the public utilities commission, 
shall continue to hold their respective offices and 
perform their duties for the remainder of their terms. 

(c) The public utilities commission is abolished. 
The members of the public utilities commission at the 
time its existence terminates may elect to serve on the 
board of the Transportation Agency or the board of the 
Natural Resources Agency and the ordinance or reorganization 
plan establishing such boards shall provide a procedure for 
their election and appointment. 

COMMENTARY 



This section carries out, in charter language, 
Recommendation # 16 (Part I, pages 29-31) . 

The section provides that there no longer be 
ex officio members on the planning commission. 
With the new agency alignment it would be 
inappropriate to single out only a few principal 
executives to serve ex officio since they all 
will be concerned with matters considered by 
the planning commission. 

5.107 Assignment of Coordination Responsibilities to Agencies 



Agencies shall have coordination responsibilities 
pursuant to section 3.503 until modified as provided 
in these amendments, as follows: 

(a) The Human Services Agency shall have respon- 
sibility for coordinating the activities of the Economic 
Opportunity Council . 

89. 



(b) The Housing and Development Agency shall have 
responsibility for coordinating the activities of 

the San Francisco Redevelopment Agency and the San 
Francisco Housing Authority. 

(c) The Municipal Services Agency shall have 
responsibility for coordinating the activities of the 
Treasurer's Office and the Assessor's Office. 

(d) The Recreation, Parks, and Cultural Affairs 
Agency shall have responsibility for coordinating the 
activities of the California Academy of Sciences. 

(e) The Transportation Agency shall have respon- 
sibility for coordinating the activities of the Parking 
Authority. 

COMMENTARY 



This section assigns coordination responsibility 
to agencies according to the functional rela- 
tionships between the agencies and the other 
offices to be coordinated. 

5.108 Time Amendments Take Effect. 

(a) These amendments shall take effect on the 
first day of July after the filing with the Secretary 
of State of the concurrent resolution of its approval 
by the State Legislature and thereafter shall control 
in respect to all the powers, functions, and duties 
of all officers and employees and offices, agencies, 
and departments of the city and county. 

(b) The mayor may, by executive order, postpone 
the application of sections 4.200 and 4.203 relating 

to the form and content of the budget and appropriation 
ordinance for one year so that they first apply to 
the budget for the fiscal year commencing two years 
after the effective date of these amendments. 

COMMENTARY 



Charter amendments have to be approved by the 
State Legislature. Consequently, the effective 
date for the amendments as provided in sub- 

90. 



section (a) must be related to that legislative 
approval . 

Subsection (b) is designed to provide additional 
time for the change-over to the new form and con- 
tent of the budget if it is needed. 



5.109 Termination of Transition Provisions. 

The substance of the provisions of this artice V 
pertaining to organization, powers, functions, and 
duties of offices, agencies, departments, boards, 
and commissions and officers and employees shall be 
promptly enacted as ordinance and shall thereupon 
have the force and effect of ordinance. This article 
V shall not be included in any printing of this charter 
one year after the effective date of these amendments. 



COMMENTARY 

Recommendation #1 (Part I, page 9) calls for 
the elimination of obsolete language and many 
of the sections proposed in this Part II are 
designed to do that. 

This provision is designed to avoid retaining 
charter language which will become obsolete soon 
after adoption by providing that these transition 
provisions are to "drop out" of the charter after 
they have served their purpose. 

The sections relating to transfer of property actions 
and other matters served their purpose once the 
transfers have been made. 

The sections relating to procedures and organization 
are matters which are to be handled by ordinance, 
there is no further need for them in the charter. 

The section pertaining to the protection of incumbents 
need not remain in the charter after officers and 
employees assume their duties. Once the amendments 
become effective employment rights and privileges 
will have vested and they will continue to be legally 
protected whether or not the provisions remain in 
the charter. 

91. 



3 



STAFF REPORT 




/// 

to the 













SAN FRANCISCO 
CITIZENS CHARTER REVISION COMMITTEE 



// 



Part 3 

Disposition of Existing Sections 

for 

Discussion 
Only 

February 1969 



564 Market Street, Room 703 

San Francisco, California 94104 

(415) 421-7627 



INTRODUCTION 



This Part III is designed to show the changes in 
existing charter sections which would result from 
adoption of the proposed amendments contained in 
Part II. It indicates in marginal notes: 

1 . The new charter sections which would 
replace present charter material. 

2. The obsolete material that would be 
removed. 

3. The details of procedure and organi- 
zation that would be transferred to 
ordinance . 

4. Those portions of sections which con- 
tain material to be studied in the 
second and third years (but which are 
in a section with first-year material), 
which should be retained in their pre- 
sent form until studied. 

Also indica'ted in Part III are those charter sections 
which do not contain any material being studied this 
first year and those sections in which minor changes 
will be required to conform their provisions to the 
proposed amendments. 



THE CITY AND COUNTY AND ITS POWERS 



Relevant new section is 
1.100 



Name and Boundaries of Cily and County 

.Section 1. The City and County of San Francisco shall con- 
tinue as a municipal corporation known by name as San Francisco. 
I The boundaries of the municipal corporation are those set forth in 
'the Political Code of California and as such may be extended as 
provided by law. 



Relevant 
1.10' 



new section is 



To be deleted — prjvisions 
are obsolete. They relate 
to transition f ro n the 
1898 charter to tne 1931 
charter. 



Powers of the City and County 

Section 2. The City and County of San Francisco shall have 
perpetual succession ; may appear, sue and defend in all courts and 
places in all matters and proceedings; may have and use a common 
seal and alter the same at pleasure; may, subject to the restrictions 
contained in this charter, purchase, receive, hold and enjoy, sell, 
lease and convey real and personal property; receive bequests, 
gifts and donations of all kinds of property in fee simple, or in 
trust for charitable and other purposes; and do all acts necessary 
to carry out the purposes of such gifts, bequests and donations, 
with power to manage, sell, lease or otherwise dispose of the same 
in accordance with the terms of the gift, bequest or trust. 
j* All rights and titles to property, all rights and obligations under 
contracts or trusts, and all causes of action of any kind in any 
court or tribunal vested in the City and County of San Francisco 
or in any officer or employee thereof in his official capacity, at the 
time this charter becomes effective, as well as all liabilities in con- 
tract or tort and causes of action involving the same in so far as 
they affect the city and county or any officer or employee thereof 
in his official capacity which shall be outstanding, at the time this 
charter becomes effective, shall continue without abatement or 
modification by reason of any provision hereof. 

All ordinances or resolutions in force at the time this charter 
takes effect and not inconsistent therewith shall continue in force 
until amended or repealed. All public improvements or other pro- 
ceedings legally authorized under the charter superseded by this 
charter shall be carried to completion under previously existing 
laws or under this charter. The powers or duties vested in city and 
county officers, boards or commissions by law or under the charter 
superseded by this charter shall be exercised, continued and 
parried out by their successors or by other city and county 



officers, boards or commissions, consistent with the provisions of 
this charter. 

All functions of the city and county, and the powers and duties 
of officers and employees charged with the performance thereof, as 
these shall have been apportioned among departments and offices, 
and institutions, utilities, bureaus or other subdivisions thereof, as 
existing at the time this charter shall go into effect, shall continue 
to be the functions of such departments and offices and the powers 
and duties of officers and employees assigned thereto, except as in, 
or under authority of, this charter otherwise specifically provided. 
The legally authorized officers and employees of each of said 
departments and offices or subdivisions thereof shall continue as 
the officers and employees of said departments and offices or sub- 
divisions thereof, subject to the conditions governing their respec- 
tive appointments to such positions, and except as in this charter 
otherwise provided; and where part of the functions and duties 
of any department or office are, by this charter, transferred or 
placed in any other department or office, the persons performing 
such functions and duties, shall be transferred therewith. The 
compensations legally authorized for the several officers and em- 
ployees shall be continued subject to the other provisions of this J 
charter. 

The city and county may make and enforce all laws, ordinances 
and regulations necessary, convenient or incidental to the exercise 
of all rights and powers in respect to its affairs, officers and em- 
ployees, and shall have all rights and powers appropriate to a 
county, a city, and a city and county, subject only to the restric- 
tions and limitations provided in this charter, including the power 
to acquire and construct plants, works, utilities, areas, highways 
and institutions outside the boundaries of the city and county, and 
maintenance and operation of the same, and the exercise of fane 
tions or maintenance of services outside the boundaries of the city 
and county, including the expenditure of funds therefor through 
any agency. The specification or enumeration in this charter of 
particular powers shall not be exclusive/The exercise of all rights' 
and powers of the city and county when not prescribed in this 
charter shall be as provided by ordinance or resolution of the 
board of supervisors. 



3 



Relevant new section is 
1.101 



Relevant 
2.100 



new section is 



General Law Procedure 

Section 3. Where a procedure for the exercising of any rights' 
or powers belonging to a city, or a county, or a city and county is 
provided by statute of the State of California, said procedure 
shall control and be followed unless a different procedure is pro- 
vided in, or by ordinance enacted under authority of, this charter. 



Relevant new section is 
1.103 



To be retained-- 
employment status not 
a first year topic. 



Section 4 Line 3 



Section 4 Lines 1-i 



§ 4-5 



ELECTIVE AND APPOINTIVE OFFICERS 

City and County Officers 

Section 4. The officers of the city and county shall be the offi- 
cers elected by vote of the people, members of the board of educa- 
tion, members of boards and commissions appointed by the mayor, 
members of the juvenile probation and adult probation boards or 
committees, members of the board of law library trustees, the 
superintendent of schools, the clerk of the municipal court, the 
secretary and jury commissioner of the superior court, the execu- 
tive appointed by each board or commission as the chief executive 
officer under such board or commission, the controller, the chief 
administrative officer, the head of each department under the 
chief administrative officer and the coroner, public administrator, 
I county clerk, tax and license collector, recorder, registrar of 
| voters, horticultural commissioner, sealer of weights and mea- 
I sures, and such other officers as may hereafter be provided by law 
\or so designated by ordinance. 

Delete "appointed by the mayor" and insert "with 
management responsibilities" . 

Delete "the executive..." through "or commission" 

and insert "principal executives" . 

Section 4 Lines 9-10 Deicte " tuc neaJ..." th^ouyii "aad". 

Elective Officers and Terms 

"Section 5. The mayor, the members of the board of super- 
visors, an assessor, a district attorney, a city attorney, a sheriff, a 
treasurer, a public defender, and municipal court judges shall be 
elected by the voters of the city and county. At the general munici- 
pal election in 1943, and at the general municipal election in every 
fourth year thereafter, there shall be elected a mayor, six super- 
visors, a district attorney and a sheriff, and at the general munic- 
ipal election in 1945, and at the general municipal election in every 
fourth year thereafter, there shall be elected five supervisors, a 
city attorney, and a treasurer, and at the general election in 1942, 
and at the general election in every fourth year thereafter there 
shall be elected an assessor and a public defender. All of the af ore- 
psaid officials shall be elected for a term of four years f romthe com- 
mencement of their respective terms as herein specified^The term 
(of the assessor who shall hold office on the 8th day of January, 
11943, shall expire at twelve o'clock noon on said date, and the 
/person elected assessor at the general election in 1942 shall suc- 
Iceed to said office at twelve o'clock noon on said 8th day of 
yJanuary, 1943. 

f At the general municipal election in 1943, there shall be elected 

I four municipal court judges to succeed those judges whose respec- 

To be retained — J tive terms of office expire on the 8th day of January, 1944, and at 

elections not a first f the general municipal election in each sixth year after 1943 the 

year topic . \jsuccessors to said four municipal court judges shall be elected, 



To be retained — 
elections not a 
year topic. 



first 



To be deleted — 
provisions are obsolete. 



and at the general municipal election in 1945 there shall be elected 
four municipal court judges to succeed those judges whose respec- 
tive terms of office expire on January 8, 1946, and at the general 
municipal election in each sixth year after 1945, the successors 
to said last mentioned judges shall be elected, and at the general 
municipal election in 1947, there shall be elected four municipal 
court judges to succeed those judges whose respective terms of 
office expire on the 8th day of January, 1948, and at the general 
municipal election in each sixth year after 1947, the successors 
to said last mentioned judges shall be elected. The term of each 
municipal court judge shall be six years from and after twelve 
o'clock noon on the 8th day of January following his election. All 
terms of office of elective officials shall begin at twelve o'clock noon 
on the 8th day of January following the date of their election. 

Any appointive officer or employee of the city and county who 
shall become a candidate for election by the people to any public 
office shall automatically forfeit such city and county office or 
position. 

No person elected as mayor or supervisor shall be eligible, 
for a period of one year after his last day of said service as mayor 
or supervisor, for appointment to any full time position carrying 
compensation in the city and county service. ^ 

Should this amendment not be approved by the Legislature of 
the State of California so that the office of assessor may be voted 
for at the general election to be held in November, 1942, as in this 
section provided, then in that event the term of the incumbent in 
the office of assessor at twelve o'clock noon on the 8th day of 
January, 1943, shall not expire at twelve o'clock noon on said 
date, but shall continue until the 8th day of January, 1944, and 
the office of assessor shall be filled at the general municipal elec- 
tion in 1943, for a three year term from said date, and said office 
of assessor shall again be filled at the general election in 1946 
for a four year term from said date, and at the general election 
in each fourth year thereafter. • m 



To be deleted—provis- 
ions are obsolete. 



Section 5.1. No person elected as mayor shall be eligible to 
Berve, or serve, as such for more than two successive terms; but 
such service shall not disqualify any person for further service 
as mayor for any term or terms which are not successive, nor for 
any parts of terms which are not successive. 



To be retained — election 
rules are not a first 
year topic. 



To be retained-- 
employment terms and 
conditions are not a 
first year topic. 



Absence from State, and Vacancies 

^r Section 6. No officer of the city and county, except members 
* of the police department acting under orders of the chief thereof, 
shall absent himself from the state, except by permission of the 
mayor and the board of supervisors. Violation of this section shall 
be sufficient cause for removal of any officer violating the same. 
An office becomes vacant when the incumbent thereof dies, re- 
signs, is adjudged insane, convicted of a crime involving moral 
turpitude, or of an offense involving a violation of his official 
duties, or is removed from office, or ceases to be a resident of the 
city and county, or neglects to qualify within the time prescribed 
by law, or within twenty days after his election or appointment, 
or shall have been absent from the state without leave for more 
than sixty consecutive days. 



To be retained — 
employment terms and 
conditions are not 
a first year topic , 



Qualifications of Officers and Employees 

Section 7. No person shall be a candidate for any elective 
office, nor shall be appointed as a member of any board or com- 
mission unless he shall have been a resident of the city and 
county for a period of at least five years and an elector thereof 
for at least one year immediately prior to the time of his taking 
office, unless otherwise specifically provided in this charter, and 
every elected officer and member of any board or commission 
shall continue to be a resident of the city and county during 
incumbency of office, and upon ceasing to be such resident, shall 
be removed from office. 

Except for those offices and positions and officers and em- 
ployees specifically provided for in this section and other sections 
of the charter, the residential qualifications and requirements for 
all officers and employees and all offices and positions in the city 
and county service shall be as provided by ordinance of the board 
of supervisors. 

All officers and employees of the city and county shall be 
citizens of the United States. 



Bonds of Officers and Employees 



Section 8. Unless otherwise provided in this charter, such 
officers and employees as may be specified by ordinance, shall 
give bond in such amounts as may be required by the ordinance, 
provided that the minimum amount of the bond to be furnished 
by the controller be $100,000; by the tax collector $100,000; by 
the county clerk $50,000, and by the public administrator $50,- 
000. The board of supervisors shall provide by ordinance the 
terms, form and conditions of all such bonds and for the filing 
thereof. The sureties on such bonds shall be such as specified by 
and approved in the manner provided by ordinance. The board 
of supervisors may, by ordinance, provide for group bonding of 
officers and employees. The premiums on all official bonds shall be 
paid by the city and county. 



Relevant new section 
is 2.403. 



•J 

! ) 



Powers Vested in Board of Supervisors 

Section 9. The powers of the city and county, except the 
powers reserved to the people or delegated to other officials, 
boards or commissions by this charter, shall be vested in the board 
of supervisors and shall be exercised as provided in this charter.^ 
The board of supervisors shall, ex officio, be the board of equali-^ 
zation for the city and county/The supervisors shall determine* 
the maximum number of each class of employment in each of the 
various departments and offices of the city and county and shall 
fix rates and schedules of compensation therefor in the manner 
provided in this charter^3n the recommendation of the mayof 
and the chief administrative officer, the board of supervisors may 
create or abolish departments which are now or may hereafter be 
placed under the chief administrative officer or under commis- 
sions appointed by the mayor. 

The board of supervisors may, by ordinance, confer on anjT\ 
officer, board or commission such other and additional powers as | 
the board may deem advisable. 

The board of supervisors, by ordinance, may provide medical / 
care, hospitalization, compensation and such other benefits as 7 
the board may deem necessary for regularly authorized volunteer I 
civilian defense workers suffering injury arising out of and in the I 
course of their activities as such civilian defense workers. J 

To provide for the continuance or restoration of local govern-*N 
ment in the event of a disaster which renders unavailable a I 
majority of its members, the board of supervisors shall have those / 
powers that are conferred by the general law of the State of Cali- V 
fornia pertaining to the preservation of local government, not- V 
withstanding anything to the contrary contained in this charter. } 



{Relevant new section 
is 2.100. 

/To be deleted because 
/of existence of tax 
(appeals board. 
/To be deleted--board 
lhas the inherent power 
Ifco do this. 

{Relevant new sections 
are 2.300(k) , 3.1100, 
3.1101. 



To be deleted — board 
has inherent power to 
do this. 



Relevant new section 
is 2.101 



To be retained-- 
elections and salaries 
are not first year 
topics . 

To be deleted in light] 
of new 2.203 



Relevant new section is 
2.102 



Relevant new section is 

2.200. 



Relevant new sec 
are 2.202, 2.204 
Relevant new sections 
are 2.200, 3.202 



:tions'l 

} 



Number, Compensation and Meetings of Supervisors 

'Section 10. The board of supervisors shall consist of eleven 
members elected at large. Each member of the board shall be paid 
a salary of ninety-six hundred dollars ($9,600) per year/and 
each shall execute an official bond to the city and ounty in the 
[ sum of five thousand dollars ($5,000) . 

"At twelve o'clock noon on the 8th day of January next follow- 
ing their election, the newly elected and continuing members of 
I the board of supervisors shall meet at the legislative chamber in 
the City Hall, and thereafter regular meetings shall be held as 
fixed by resolution. The supervisors constituting the new board 
shall, on January 8, 1932, and every second year thereafter, elect 
one of their number as president of the board for a two-year term. 
The president shall preside at all meetings, shall appoint all 
standing and special committees of the board and shall have such 
jther powers and duties as the supervisors may provide. 

f The meetings of the board shall be held in the City Hall, pro- 
vided that, in case of emergency, the board, by resolution, may 
designate some other appropriate place as its temporary meeting 
fplace. The board shall cause a calendar of the business scheduled 
cor each meeting to be published and shall keep and publish a 
journal of its proceedings. Notice of any special meeting shall be 
published at least twenty-four hours in advance of such special 
yneeting. 



To be retained-- 
employment terms 
conditions 
first year 



and 
are not a 
topic . 



In line 2 the bracketed 
words to be deleted to 
conform to other new 
sections . 



Suspension and Removal 

i^ Section 1 1 . Any elective officer, and any member of the civil 
service commissioner public utilities commission/or school board 
may be suspended by the mayor and removedDy the board of 
supervisors for official misconduct, and the mayor shall appoint 
a qualified person to discharge the duties of the office during the 
period of suspension. On such suspension, the mayor shall imme- 
diately notify the supervisors thereof in writing and the cause 
therefor, and shall present written charges against such sus- 
pended officer to the board of supervisors at or prior to its next 
regular meeting following such suspension, and shall immediately 
furnish copy of same to such officer, who shall have the right to 
appear with counsel before the board in his defense. Hearing by 
the supervisors shall be held not less than five days after the filing 
of written charges. If the charges are deemed to be sustained by 



§ 11 



not less than a three-fourths vote of all members of the board, the ' 
suspended officer shall be removed from office; if not so sustained, ^ 
or if not acted on by the board of supervisors within thirty days 
after the filing of written charges, the suspended officer shall 
thereby be reinstated. 

The mayor must immediately remove from office any elective 
official convicted of a crime involving moral turpitude, and failure 
of the mayor so to act shall constitute official misconduct on his, 
part. 

Any appointee of the mayor, exclusive of civil service, recreav 
tion and park, and public utilities commissioners, and members \ 
of the school board, may be removed by the mayor. Any nominee I 
or appointee of the mayor whose appointment is subject to con- 1 
firmation by the board of supervisors, except the chief adminis- 1 
trative officer and the controller, as in this charter otherwise pro- 1 
vided, may be removed by a majority of such board and with the \^ 
concurrence of the mayor. In each case, written notice shall be 
given or transmitted to such appointee of such removal, the date 
of effectiveness thereof, and the reasons therefor, a copy of which 
notice shall be printed at length in the journal of proceedings of 
the board of supervisors, together with such reply in writing as , 
such official may make. Any appointee of the mayor or the boarcK 
of supervisors guilty of official misconduct or convicted of crime I 
involving moral turpitude must be removed by the mayor or theL 
board of supervisors, as the case may be, and failure of the mayor f 
or any supervisor to take such action shall constitute official I 
misconduct on his or their part. J 



Relevant new section 
is 3.207. 



To be retained—terms 
and conditions of 
emj loyment are not a 
first year topic . 



LEGISLATIVE PROCEDURE 



) 



Clerk of the Board of Supervisors 
Section 12. Subject to the civil service provisions of this 
charter the board of supervisors shall appoint a clerk, who shall 
be designated as clerk of the board of supervisors, provided, how 
ever, that any person who has performed the duties of clerk of the 
board of supervisors continuously for one year prior to the date 
of approval of this amendment by the electorate and who on said 
date shall be performing said duties, is hereby confirmed in said 
position and thereafter shall hold the same pursuant to said civil j 
service provisions of this charter. The clerk shall, ex-officio, be^ 
clerk of the board of equalization. The clerk shall have charge of I 
the office and records of the board and its committees, and the I 
personnel employed to handle the business, affairs and operation I 
of the board, its committees and members when engaged in official I 
duty. The clerk shall be the appointing officer for such personnel, I 
subject to the civil service provisions of this charter. The clerk 
shall keep a journal of proceedings of the board and files of all 
ordinances and resolutions and properly index the same. He shall 
be responsible for the publication, as required by law, of ordinan- 
ces, resolutions and other matters acted on by the board for which 
publication is specified. He shall have such other duties and/ 
responsibilities as the board shall prescribe. 



Relevant new section 
is 2.103; proviso to 
be deleted as obsolete 



To be deleted — 
details of procedure 
to be handled by rules 
of the board. 



Relevant new 
are 2.300, 2. 



sections 
301 



Relevant new 
is 2.302 



section 



Relevant 
is 4.202 

Relevant 
is 2.301 

Relevant 
is 2.303 



new section 



new section 



new section 



Relevant new 
are 2.201, 2. 
2.301 



sections 
202, 



Relevant new sections 
are 2.302, 2.31Q 

Relevant new 
is 2.301 



section 



Relevant new 
section is 2.301 



Action by Resolution or Ordinance 

Section 13. Action by the board of supervisors shall be by 
ordinance or resolution in writing introduced by a member or by 
a committee of said board and passed or adopted by a majority of 
all the members of the board at each reading. Every legislative 
act shall be by ordinance. The enacting clause of all ordinances 
shall be, "Be it ordained by the people of the City and County of 
San Francisco." Every ordinance and resolution, except ordi- 
nances making appropriations, shall be confined to one subject 
which shall be clearly expressed in the title, and ordinances mak- 
ing annual or supplemental appropriations shall be confined to 
the subject of appropriations. 

If any subject is embraced in an ordinance and is not expressed 
in the title thereof, the ordinance shall be void only as to so much 
thereof as is not expressed in the title. Any ordinance may be 
amended by an ordinance amending or repealing the particular 
sections thereof or adding sections thereto. 

An ordinance shall be passed by the board of supervisors only 
after reference to and report thereon from committee, unless it be 
an ordinance prepared and reported out by committee, and after 
Jwo readings and votes at separate meetings of the board, which 

teetings shall be at least five days apart /provided, however, that 
as to an emergency measure as defined in section 16, reference to 
committee or the readings and votes at separate meetings may be 
waived by a three-fourths vote of all members of the board. The 
existing or impending emergency as defined in such ordinance 
jjhall be declared by specific section in such emergency ordinance. 

^he annual appropriation ordinance shall be passed only after 
two readings, not less than five days apart, and the second or 
final passage shall be not less than fifteen days after the intro- 
duction of each ordinance. 

No ordinance granting a franchise shall be finally passed within 
ninety days of its introduction. 

No resolution shall be adopted by the board of supervisors on 
the date of its introduction and without reference to committee, 
except by the unanimous consent of the supervisors present. 

Except as otherwise provided in this charter, or by ordinance, notilj 

Ithe title or the purport and subject matter of each proposed ordinance vl 
is introduced and referred to committee shall be published within three 1 
after its presentation to the board and a copy of such proposed ordiri 

jShall be kept available for inspection in the office of the clerk of the bfl 

^.11 ordinances shall be published upon passage for second reading. Hie 
^ency ordinances shall be published immediately on passage/The term 'fj 
fished" as used in this charter shall mean publication in the official newsju 

las required by charter. The official newspaper is hereby defined to be a i 
newspaper of general circulation, published in the city and county and vi 

.has a bona fide daily circulation of at least 8,000 copies/Whenever the offl 
newspaper is not able to publish or circulate for any reason, the boaiH 
supervisors shall designate by resolution a substitute newspaper or new 
pers, until such time as the official newpaper resumes publication oifl 

sculation. 

* The vote on all ordinances and resolutions upon each reading shal 
by ayes and noes. The vote by ayes and noes on all measures shall be recoi 
in the journal of the nroccedintrs of the board. 



10 



Waiver of Statutes of Limitation 
Section 13.1. Any ordinance or resolution waiving, or author- 
izing the waiving, by the city and county of the benefit of any 
statute of limitation of a state, or of the United States, available 
to the city and county in any action or proceedings against it 
shall require for its passage a three-fourths vote of all members of 
the board of supervisors on each reading. 



Relevant new section 
is 2.304 



Approval by Mayor — Reconsideration and Veto 

Section 14. Each proposed resolution or ordinance voted on 
by the supervisors and failing of passage and each ordinance or 
resolution adopted by the supervisors shall, within twenty-four 
hours of such action, be transmitted to the mayor by the clerk of 
the board, with appropriate notation of the action of the board 
thereon. Any resolution acted upon by the board of supervisors by 
unanimous consent of those present on the date of the introduc- 
tion of such resolution and any ordinance adopted by the board as 
an emergency measure shall be acted upon by the mayor within 
three days after receipt thereof by him from the clerk of the 
board. All other ordinances or resolutions shall be acted upon by 
the mayor within ten days of such receipt. 

The mayor shall either approve each resolution or ordinance 
adopted by the supervisors by signing and returning same to the 
clerk of the board within the time limit, or he shall disapprove 
and veto any resolution or ordinance, or veto or reduce any sepa- 
rate appropriation item therein and shall return each such resolu- 
tion or ordinance to the clerk of the board with his written 
objections within the time limit. His failure to make such return 
shall constitute approval and such ordinance or resolution shall 
take effect without the mayor's signed approval. The clerk of the 
board shall note such fact on the official copy of such resolution or 
ordinance. If any separate appropriation item in any resolution 
or ordinance is vetoed or reduced by the mayor as herein provided 
the remainder of any such ordinance or resolution may be ap- 
proved by the mayor and, if not specifically approved by the 
mayor, shall take effect without such approval and shall be so 
noted by the clerk of the board. 

The board of supervisors may reconsider any resolution or 
ordinance vetoed or disapproved, or any separate appropriation 
item vetoed or reduced by the mayor, and if, after such recon- 
sideration, two-thirds of all the members of the board shall vote 
in favor of passage thereof, it shall become effective notwithstand- 
ing the mayor's veto. If a larger vote is required for the adoption 
of a measure by the provisions of this charter, such larger vote 
shall be required to overcome the veto of the mayor. The vote of 
reconsideration of each such vetoed resolution, ordinance or sepa- 
rate appropriation item therein shall be taken at the convenience 
of the board. If the ordinance, resolution or separate appropria- 
tion item is not passed over the mayor's veto within thirty days, 
the measure or item shall be lost. 



\ 



Relevant new section 
is 2.305 



Relevant new section 
is 2.306 



11 



is 2.305 



In the event of any absence of the mayor for which he or the 

board of supervisors has failed to designate an acting mayor, no 

resolution or ordinance adopted by the board of supervisors shall 

Doi^,,^„j- .. / take effect by reason of the failure of the mayor to approve, or 

Relevant new section / ■,. , . , , .. i- .... ., 

disapprove, and return such resolution or ordinance withm the 

time limits applicable thereto, and, in such case, the time periods 
or limitations as fixed by this section shall not start until an act- 
ing mayor is appointed by the mayor or elected by the supervi- 
sors, as in this charter provided, or the return of the mayor. 

Any proposed resolution or ordinance voted on by the board of 
supervisors and failing of passage shall be reconsidered by the 
board on the written request of the mayor, stating his reasons 
therefor, filed with the clerk of the board by the mayor within ten 
days of the board's action on such resolution or ordinance. The 
board shall reconsider such measure at its convenience, but not 
later than thirty days after the filing of the mayor's request 
^therefor. 



Record, Publication and Effect of Ordinances and Resolutions 

, "Section 15. All ordinances, after final passage or upon their 
Relevant new sections / becoming effective shall be certified by the clerk of the board and 
are 2.307, 2 . 309-2 . 310 J recorded in a book kept for that purpose, and resolutions adopted 

shall be certified and recorded in like manner. Except in case of 
an emergency measure passed and not previously published, and 
except as otherwise specified in this charter, publication of ordi- 
nances and resolutions in full shall not be required after final 
passage. Notice that an ordinance or resolution has passed or be- 
(iome final shall be published once within five days of such final 
Relevant new section passage/To amend an ordinance which has proceeded to second 

is 2. 301 1 readin S sha11 require publication of the ordinance as amended 

and proceeding de novo. 

Emergency Measures and Effective Date of Ordinances 

Relevant new q i- • I Section 16. No ordinance which is subject to the referendum 

is 2 308 sectl on I provisions of this charter shall become effective until thirty days 

after its passage. Ordinances granting any public utility fran- 
chise or privilege shall not become effective until sixty days after 
their passage. Ordinances enacted by a three-fourths vote of all 
members of the board as an emergency measure as defined in this 
section and all other ordinances not subject to the referendum 
provisions of this charter shall become effective upon passage. No 
Relevant new Section /ordinance affecting franchises, grants, bond issues or the sale, 

is 2 . 302 \ lease or purchase of land shall ever be passed as an emergency 



12 



measure, and the people by initiative or referendum ordinance 
may further restrict the matters thai may be passed as emergency 
measures. Immediate necessary preservation of public peace, 
property, health or safety, provision for the uninterrupted oper- 
ation of any city and county department or office or action re- 
quired to comply with time limitations as established by law, shall 
be emergencies within the meaning hereof; provided, however, 
that such emergency shall actually exist and shall be specifically 
stated and defined in such ordinance, and shall be specifically 
voted on as provided in section 13 of this charter. m ^ 



Codification of Ordinances 

Section 17. Ordinances previously adopted and continuing in 
force may be codified or recodified or rearranged by ordinance 
Any such ordinance shall supersede and repeal all general ordi- 
nances in effect prior thereto and shall be construed to be confined 
to a single subject. 

Any such ordinance shall require publication only in bound or 
loose leaf book form, which shall constitute publication for all 
purposes. Any such publication shall contain certificates of the 
mayor, the clerk of the board of supervisors and the city attorney 
of the correctness of such codification and publication. 

Any such ordinance shall be amended by an ordinance amend- 
ing or repealing the particular sections thereof or adding sections 
thereto. For the purposes of any codification and the validity 
thereof, the procedure, effect, adoption or enactment and publi- 
cation of any prior codification, including the enacting ordinance, 
amendments thereto, the contents of any such code, the certifica- 
tion and publication thereof and all other proceedings and mat- 
ters in respect thereto, shall be deemed to be valid. 

With any publication of the charter, there shall be included 
initiative ordinances and digests of reported court decisions 
lating to said charter and ordinances. 



d f 



The board of supervisors shall have power to enforce by appro 
priate legislation the provisions of this section. 



re- J 

)ro- I 



Relevant new 
section is 2.309 



13 



Relevant new section 
is 1.103 



Re board of supervisors, 

relevant new sections 9re 

2.200-2.204. Re ottier 
units, see new sections 
indicated below: 

Relevant new sections 
are 3.1000 - 3.1001 



Relevant new section 
is 3.101 



Relevant new sections 
are 3.1000 - 3.1001 



Relevant new sections 
are 3.1000 - 3.1001 



§ 18-1] 

GENERAL POWERS AND DUTIES OF BOARDS, 

COMMISSIONS, DEPARTMENT HEADS 

AND OFFICERS 

Powers and Duties of County Officers 

Section 18. Each county officer shall have all the powers coi 
ferred and shall discharge all the duties imposed by general lav 
upon said officer of a county or a city and county of this state, an 
shall have such other powers and duties as in this charter sp< 
cifically provided. 



r 

I co: 
J th: 



Powers and Duties of Boards and Commissions 

Section 19. The board of supervisors and each board ar. 
commission appointed by the mayor, or otherwise provided t 
this charter, shall have powers and duties as follows : 

?•" (a) To prescribe reasonable rules and regulations not inco: 
I sistent with this charter for the conduct of its affairs, for the di 
\ tribution and performance of its business, for the conduct ar 
1 government of its officers and employees, and for the administr 
I tion, custody and protection of property under its control ar 
y^ books, records and papers appertaining to its affairs. The board 
supervisors, by ordinance, may provide that rules and regulatioi 
of any board or commission, or general orders of any departmei 
head issued by authority of any board or commission that are 
general public concern shall be published or posted. 

(b) To appoint one of its members as president to hold offi 
ffor such term as each such board or commission by its rules 

regulations, not inconsistent with this charter, may prescribe. 

(c) To establish such standing or special committees as 
shall deem necessary. 

(d) To receive, on behalf of the city and county, gifts, devis 
and bequests for any purpose connected with or incidental to tl 

1 department or affairs placed in its charge, and to administer, ex 
cute and perform the terms and conditions of trusts or any gii 
devise or bequest which may be accepted by vote of the people < 
by the board of supervisors for the benefit of such department ( 
purpose, and to act as trustees, under any such trust, when 
authorized to do by the board of supervisors. The title to all re, 
and personal property now owned or hereafter acquired by gif 
devise, bequest or otherwise, by and for the purposes of any boar 
^pr commission shall vest in the city and county. 

(e) To require such periodic or special reports of depar 
mental operations, costs and expenditures under its control 
may be necessary and, exclusive of the board of supervisors, 1 
submit an annual report to the mayor. 

(f) To hold meetings at regular fixed dates and at reguls 
meeting places, which dates or places shall not be changed excej 
as in the manner provided by section 10 for the meeting times an 
places of the board of supervisors. All such meetings shall be ope 
to the public. 



14 



(g) To hold special meetings for the purposes and in the man- 
ner provided by the board of supervisors by ordinance, provided| 
that no matter may be considered at any special meeting unle 
specifically designated in the notice calling such special meeting 

(h) To appoint a secretary, a superintendent, or other exec-\ 
utive to be the administrative head of the affairs under its control, I 
who, unless otherwise specifically provided, shall not be subject V 
to the civil service provisions of this charter, and shall hold office I 
at its pleasure. ^ 

(i) To require a bond or other security from each such exec- 
utive officer and from any employee in such form as the board of 
supervisors may authorize and in such amount as the mayor, on 
the recommendation of the controller, may approve, the premiums 
on such bonds to be paid by the city and county. 

A quorum for the transaction of official business shall consist of 
a majority of all the members of each board or commission, but a 
smaller number may adjourn from time to time and compel the 
attendance of absent members in the manner and subject to 
penalties to be provided by ordinance. A majority, two-thirds, 
three-fourths, or other vote specified by this charter for any board 
or commission shall mean a majority, two-thirds, three-fourths, or 
other vote of all the members of such board or commission. Each 
board or commission shall keep a record of the proceedings at each 
meeting and a copy thereof shall be forwarded promptly to the 
mayor. 



Relevant new sections 
are 3.1001 and 3.1003 



Relevant new section 
is 2.403 



Relevant new section 

is 3.1000 



Powers and Duties of Department Heads 

Section 20. Each elective officer in charge of an administra- 
tive office, the chief executive appointed by each board or com- 
mission, the controller, the chief administrative officer, and each 
department head appointed by the chief administrative officer 
shall have the powers and duties of a department head, except as 
otherwise specifically provided in this charter. 

Each appointive department head shall be immediately respon- 
sible to the chief administrative officer or the board or commission, 
as the case may be, for the administration of his department, and 
shall file an annual report and make such other reports, estimates 
and recommendations at the time and in the manner required by 
law, or as required by the chief administrative officer, board or 
commission. 

He shall act as the "appointing officer" under the civil service 
provisions of this charter for the appointing, disciplining and 
removal of such officers, assistants and employees as may be au- 
thorized. On the written recommendation of the department head 
concerned and the approval of the chief administrative officer, 
board or commission to whom such department head is responsi- 
ble, the head of any utility, institution, bureau or other sub- 
division of such department may be designated as the "appointing 
officer" for such utility, institution, bureau or other subdivision. 
Non-civil service appointments and any temporary appointments 
in any department or subdivision thereof, and all removals there- 



n 



Relevant new section 
is 3.1001 



Relevant new sections 
are 3.504, 3.602 



Relevant new section 
is 3.1001 (and see 
3.1100 - 3.1102) 



from shall be made by the department head or bureau head 
designated as the appointing officer only with the approval of the 
chief administrative officer or the board or commission in charge, 
as the case may be. 

He shall issue or authorize all requisitions for the purchase of 
materials, supplies and equipment required by such department, 
provided that, on the written approval of the chief administrative 
officer or the board or commission in charge of any department, 
the head of any utility, institution, bureau or other subdivision of 
a department may likewise be vested with such power. Each de- 
partment head or the head of a utility, institution, bureau or other 
subdivision of each department shall be responsible for the proper 
checking of all materials, supplies and equipment ordered for its 
purposes, and for the approval or disapproval of bills for claims 
jrendered for such materials, supplies or equipment. 

' The head of any department, through the chief administrative 
)fficer or the board or commission in charge thereof shall recom- 
mend to the board of supervisors such ordinances as may be re- 
quired to carry out the powers vested and the duties imposed, and 
to establish or readjust fees or charges for permits issued to or 
work performed for persons, firms or corporations when these are 
«ubject to his or its jurisdiction. 

Each department head may suggest the creation of positions 
subject to the provisions of this charter, and may reduce the 
forces under his jurisdiction to conform to the needs of the work 
for which he is responsible, any other provisions of this charter to 
the contrary notwithstanding. 

The mayor, the chief administrative officer, or the board or 
commission concerned, on the recommendation of any department 
head, or on his or its own motion, may combine or may transfer 
and redistribute among departments or offices under his or its 
authority, respectively, any function or duty assigned to or con- 
tinued by this charter in any department. 



Relevant new section 
is 2.400 



Power of Hearing, Inquiry and Subpoena 
Section 21. The mayor, the board of supervisors, the chief 
administrative officer, the controller, or any board or commission 
appointed by the mayor relative solely to the affairs under its con- 
trol, may require such periodic or special reports of departmental 
costs, operation and expenditures, examine the books, papers, 
records and accounts of, and inquire into matters affecting the 
conduct of any department or office of the city and county, and 
for that purpose may hold hearings, subpoena witnesses, admin- 
ister oaths and compel the production of books, papers, testimony 
and other evidence. It shall be the duty of the chief of police to 
designate a police officer to serve subpoenas. Any person refusing 
to obey such subpoena and the other requirements hereof, or to 
produce such books, shall be deemed in contempt and subject to 
proceedings and penalties as provided by general law in such 
instances. 



16 



Non-interference in Administrative Affairs 

Section 22. Except for the purpose of inquiry, the mayor and 
the board of supervisors shall deal with the administrative service 
for which the chief administrative officer is responsible, solely 
through such officer, and for administrative or other functions for 
which elective officials or boards or commissions are responsible, 
solely through the elective official, the board or commission or the 
chief executive officer of such board or commission concerned. 
Except for the purpose of inquiry, each board or commission, in 
its conduct of administrative affairs under its control, shall deal 
with such matters solely through its chief executive officer. 

Neither the board of supervisors, nor its committees, nor any of "" 
its members shall dictate, suggest or interfere with appointments, 
promotions, compensations, disciplinary actions, contracts, requi- 
sitions for purchases or other administrative recommendations or 
actions of the chief administrative officer, or of department heads 
under the chief administrative officer, or under the respective 
boards and commissions. The board of supervisors, and each board 
or commission relative to the affairs of its own department, shall 
deal with administrative matters only in the manner provided by 
this charter, and any dictation, suggestion or interference herein 
prohibited on the part of any supervisor or member of a board or 
commission shall constitute ol'licial misconduct; provided, how- 
ever, that nothing herein contained shall restrict the power of 
hearing and inquiry as provided in this charter. 

Administrative Code 

Section 23. The powers and duties of the departments and 
offices which by this charter are established or continued as de- 
partments or offices under elective officers, boards or commissions 
or the chief administrative officer, as such powers and duties exist 
at the time this charter shall go into effect, shall be continued as 
powers and duties of each such department or office, except as 
otherwise provided in this charter. 

The board of supervisors may enact and provide for the publi- 
cation in printed form of an administrative code, which shall 
specify or detail the powers, duties, methods and procedure in the 
several departments and offices. 

Permits and Inspections 

Section 24. The board of supervisors shall regulate, by ordi- 
nance, the issuance and revocation of licenses and permits for the 
use of, obstruction of or encroachment on public streets and 
places, exclusive of the granting of franchises governed by other 
provisions of this charter; and for the operation of businesses or 
privileges which affect the health, fire-prevention, fire-fighting, 
crime, policing, welfare or zoning conditions of or in the city and 
county, and for such other matters as the board of supervisors 
may deem advisable. 

Such ordinance shall fix the fees or licenses to be charged, which 
shall not be less than the cost to the city and county of regulation 
and inspection; provided, that in so far as the regulation and 
inspection of foodstuffs or articles of food for human consumption 



Relevant new section 
is 2.400 



Relevant new section 
is 2.401 



To be deleted—provis- 
ions are obsolete . Powers 
and duties to be enacted 
into ordinance (See 
5.105(b) and 5.109) 



Relevant new section 
is 2.309. 



To be retained -revenue 
requirements and 
limitations are not a 
first year topic. 



Bracketed words to be 
deleted to conform to 
other new sections 



To be retained - revenue 
requirements and limitations 
not a first year topic. 



are concerned, the fees or licenses to be charged for such regula 
tion and inspection shall be as determined by the board of supei 
visors, but the same shall not exceed the cost of said regulatioi 
and inspection. Said ordinance shall also specify which depart 
ment shall make the necessary investigations and inspections am 
issue or deny and may revoke the permits and licenses therefoi 
The chief of police in the performance of police duties shall hav 
power to examine at any time the books and the premises o 
pawnbrokers, peddlers, junk and second-hand dealers, auctioneer 
and other businesses designated by the board of supervisors, an< 
the tax collector shall have power to examine the books of an; 
business for which a license is issued and a fee carged on th 
basis of the receipt of such business, and for these purposes sue! 
officials shall have the power of inquiry, investigation and sub 
poena, as provided by this charter. 

Permits and licenses shall be issued by the departments a 
designated by ordinance, only after formal application for sue) 
permit or license. No such permit or license that is dependent oi 
or affected by the zoning, set-back or other ordinances of the cit; 
and county administered by theflntyfplanning commission shall b 
issued except on the prior approval of the city planning com 
mission. If any application for a permit or license is denied by th 
department authorized to issue same, the applicant may appea 
,_ ... to the board ofroermijaoneals. 

No license tax shall dc irifposcd after June 30, 1973 on any scllc 
manufacturer of goods, wares or merchandise operating at a fixed pla< 
business in the city and county, except such as require permits or lice 
in accordance with or under authority of any local health, sanitary or o 
ordinance under the police power. 



Uniform Sales and Use Taxes 
Section 24.1. Notwithstanding any of the provisions of Sec- 
tion 24 or any other provisions of this charter, the board of 
supervisors shall have the power to enact an ordinance that will 
be in accordance with the provisions of Part 1.5 of Division 2 < 
the Revenue and Taxation Code of the State of California an 
any amendments thereto, insofar as said Part 1.5 of Division 
as amended, provides for uniform local sales and use taxes, an 
it may enact such other ordinances and authorize the executio 
of such agreements as may be necessary or convenient to insui 
the imposition and collection of such taxes. 



18 



POWERS AND DUTIES OF ELECTIVE OFFICERS 



I~he Mayor 
Section 25. The mayor shall be the chief executive officer of , 
the city and county upon whom process issued by authority ofj 
law shall be served. He shall be an elective officer and his cor 
pensation shall be fixed in accordance with the salary standardi; 
zation provisions of this charter/He shall furnish an official bone 1 
in the sum of twenty-five thousand dollars ($25,000) /He shaf 
appoint, and at his pleasure may remove, an executive secretar 
and one confidential secretary, and one stenographer. The board 
of supervisors may annually appropriate additional sums to be | 
expended by the mayor for purposes and duties incidental to the 
administration of the office of mayor, which shall be subject to 
the provisions of this charter relative to appropriations and tl 
payment of claims/He shall, at the first meeting of the board of 
supervisors in October of each year, communicate by message to I 
the supervisors a general statement of the condition of the affairs 
of the city and county, and recommend the adoption of suchj 
measures as he may deem expedient and proper. 

The mayor shall be responsible for the enforcement of all laws 
relating to the municipality and for the review and submission 
of the annual executive budget; he shall supervise the adminis- ' 
tration of all departments under boards and commissions ap- 
pointed by him; he shall receive and examine, without delay, aTT 
complaints relating to the administration of the affairs of the city* , 
and county, and immediately inform the complainant of findings, 
and actions thereon; and he shall co-ordinate and enforce co5 
operation between all departments of the city and county. TheT 
mayor shall have the power to postpone final action on any f ran^ 
chise that may be passed by the supervisors until such proposed V 
franchise shall have been voted on at the next election. J 

The mayor shall appoint such members of boards or commisV 
ions and other officers as provided by this charter/He shall ap-« 
point for the unexpired term of the office vacated, a qualified Y 
person to fill any vacancy occurring in any elective office. ,# 

The mayor shall have a seat but no vote in the board of super- "^ 
visors and in any board or commission appointed by him, with t 
the right to report on or discuss any matter before such board or J 
commission concerning the departments or affairs in his charge.^ 



Relevant new section 
is 3.200 

To be retained - elections 
are not a first year topic 

To be deleted; see new 
section 2.403 

Relevant new section is 

3.204 



To be deleted; redundant 



Relevant new section 
is 3.202 

Relevant new sections 
are 3.200 and 3.202 

Relevant new sections 
are 3.410-3.411 

Relevant new section 
is 3.200 

Relevant new section 

is 2.305 

Relevant new sections 

are 3.206, 3.503 and 3.602 

To be retained; elective 

offices not a first year 
topic. 

Relevant new section 
is 3.202 



19 



is 3.203 



He shall have power to designate a member of the~board of super- 
visors to act as mayor in his absence. Should he fail, neglect or 
refuse so to do, the supervisors shall elect one of their number to 
act as mayor during his absence. When a vacancy occurs in the 

Relevant new secti)n / office of mayor, it shall be filled for the unexpired portion of the 

term by the supervisors. In case of a disaster which causes the 
mayor to be absent or unavailable and the supervisors for any 
reason whatsoever are unable to elect one of their number to 
act as mayor or to fill any vacancy that might occur in the office 
of mayor, the following persons shall act as mayor in the order 
of succession hereinafter designated : ( 1 ) president of the board 
of supervisors, (2) chairman of the finance committee of the 
board of supervisors, (3) senior member of the board of super- 
visors, who is that member having the greatest number of years 
of service as a member of the board, and in the event that one or 
more members have equal seniority then by alphabetical order of 
surname among such members, and (4) chief administrate officer. 
Said person so designated shall act as mayor during such period 
of absence or unavailability of the mayor until such time as the 
supervisors can take appropriate action either to elect an acting 
mayor or to fill the vacancy as the case may be. Every person 
who has served as mayor of the city and county, so long as he 
remains a resident thereof, shall have a seat in the board of 

necessary, can £>e 1 SU p erv i gors an( j mav participate in its debates, but shall not be 

permitted by board / entitled to a vote or to compensation. 

rul e ^^^ 

j In case of a public emergency involving or threatening the 

J lives, property or welfare of the citizens, or the property of the 

Relevant new section \ c j tv an( j coun ty ( the mayor shall have the power, and it shall be 

is 3 . 201 I his duty, to summon, organize and direct the forces of any de- 

I partment in the city and county in any needed service; to sum- 

I mon, marshal, deputize or otherwise employ other persons, or to 

I do whatever else he may deem necessary for the purpose of 

I meeting the emergency. The mayor may make such studies and 

1 surveys as he may deem advisable in anticipation of any such 

Vemergency. 



To be deleted as uii- 



Sections 26, 26.1, 27, 28, 29, 30, 31, 32, 33, 34, 
34.1, and 34.2, relating to various elective offices 
other than the mayor and board of supervisors and 
to taxpayers suits, have not been studied in the 
first year and are to be retained in their present 
form except for changes in section 26, to conform 
to proposed new sections^ as follows: Line 10 of 
second paragraph: before "board" insert "or"; 
after "commission" insert "with management respon- 
sibilities" . 



20 



DEPARTMENTS UNDER MAYOR 



Relevant new section 
is 3.800 



To be deleted; pro- 
visions are obsolete or 
are to be incorporated 
into ordinance. 



To be deleted; substance 
of provisions to be 
enacted into ordinance 
(see sections 5.105(b) 
and 5.109) 



Police Department 

Section 35. The police department shall consist of a police 
I commission, a chief of police, a police force and such clerks and 
employees as shall be necessary and appointed pursuant to the 
provisions of this charter, and shall be under the management of 
a police commission consisting of three members, who shall be 
appointed by the mayor, and each of whom shall receive an an- 
nual compensation of twelve hundred dollars ($1,200). The term 
of each commissioner shall be four years, commencing at twelve 
o'clock, noon, on the 15th day of January in the years 1945, 1946 
and 1948, respectively ./The incumbents serving as members of 
commission on the effective date of this amendment shall 
[continue to hold their respective positions, subject to the pro- 
' visions of the charter, for the remainder of the terms for which 
they have been respectively appointed. 

The police commissioners shall be the successors in office of the 
police commissioners holding office in the city and county at the 
time this amendment shall become effective, and shall have all 
the powers and duties thereof, except as in this charter otherwise 
jrovidedTThey shall have power to regulate traffic by means of 
police officers and the emergency use of temporary signs or 
devices. 

The traffic bureau is hereby established under the jurisdiction 
of the chief of police. The bureau shall be in charge of a traffic 
director, who shall have powers and duties relating to street 
traffic, subject to laws relating thereto and to the police commis- 
sion, as follows: (a) to regulate all street traffic by means of 
police officers and the emergency use of temporary signs or 
deVices; (b) to promote traffic safety education and to receive 
and give prompt attention to complaints in relation to street 
traffic and to refer all complaints relating to or arising from 
street design or from traffic devices, or the absence thereof, to the 
department of public works; (c) to collect and compile traffic 
accident data, copies whereof shall be furnished to the depart- 
ment of public works; (d) to cooperate and advise for the best 
performance of these functions, with the department of public 
works, the public utilities commission, the fire department, the 
department of city planning, the board of supervisors and other 
departments and agencies of the city and county and state as 
may be necessary; and (e) to review all proposed plans relating 
to street traffic control devices which are received from the de- 
partment of public works and to make such recommendations to 
that department as may be deemed necessary for the proper regu- 
lation of street traffic within fifteen (15) days after receipt of 
said plans from the department of public works, pursuant to 
ection 107.1 of this charter. 



21 



The powers and duties of the traffic director hereinabove stated 
shall not modify to any extent the powers and duties of any de- 
partment or office, but shall be, first for the purpose of assisting 
the police commission in its regulation of traffic, and, second, for 
the purpose of recommendation only, to other departments or 
offices upon matters within their jurisdiction, but affecting to any 
extent the regulation of traffic. 



Section 35.1. The police commission shall appoint a chief of 
police who shall hold office at its pleasure. 



} 



Section 35.2. All positions in the police department legally 
authorized shall be continued, and incumbents therein legally ap- 
pointed thereto shall be continued as officers and employees of the 
department under the conditions governing their respective ap- 
pointments and except as otherwise provided in this charter. 



To be deleted — substance 
of provisions to be enacted 
into ordinance (see section 
5.105(b) and 5.109) 



Relevant new section is 
3.800 



To be deleted — provisions < 
obsolete. Employment right 
have vested and are protect 



SECTIONS 35.3, 35.4, 35.5, 35.5%, 35.5.1, 35.5.2, 
35.5.3, and 35.5.4 are to be retained in their 
present form. They relate to employment terms 
and conditions and have not been studied during 
the first year. 



22 



Substance of provisions 
to be enacted into 
ordinance (see sections 
5.105(b) and 5.109) 



Section 35. f>. The chief of police may refuse to issue any per- 
mit that is subject to police department investigation and issu- 
ance, if it shall appear thai the character of the business or the 
applicant requesting such permit does not warrant the issuance 
thereof, or he may revoke any such permit as soon as it shall 
appear 1 hat the business or calling of the person to whom it was 
granted is conducted in a disorderly or improper manner, or that 
the place in which the business is conducted or maintained is nol 
a proper or suitable place in which to conduct or maintain such 
business or calling. 



Substance of provisions 
to be enacted into ' 
ordinance (see sections 
5.105(b) and 5.109) .' 



f Section 35.7. In the suppression of any riot, public tumult, 

I disturbance of the public peace or organized resistance against 

J the laws or public authority, the chief of police, in the lawful 

I exercise of his functions, shall have all the powers that are now 

I or that may be conferred on the sheriff by the laws of this state. 



Substance of provisions 
to be enacted into 
ordinance (see sections 
5.105(b) and 5.109) 



Substance of provisions 
to be enacted into 
ordinance (see sections 
5.105(b) and 5.109) 



Chief of Police Contingent Fund 

f* Section 35.8. The board of supervisors shall have the power 
f to appropriate to the police department an amount not to exceed 
I in any one fiscal year the sum of $25,000 to be known as the con- 
3 tingent fund of the chief of police. The chief of police may from 
time to time, disburse such sums from such fund as in his judg- 
ment shall be for the best interests of the city and county in the 
investigation and detection of crime, and the police commission 
shall allow and order paid out of such contingent fund, upon 
orders signed by the chief of police, such amounts as may be 
L required. 

Chief of Police Narcotic Fund 

Section 35.8.1. The board of supervisors shall have the power 
to appropriate to the police department an amount not to exceed 
in any one fiscal year the sum of $25,000 to be known as the 
narcotic fund of the chief of police. The chief of police may from 
time to time, disburse such sums from such fund as in his judg- 
ment shall be for the best interests of the city and county in the 
enforcement of the narcotic laws, and the police commission shall 
allow and order paid out of such narcotic fund, upon orders 
signed by the chief of police, such amounts as may be required. 



To be retained -- 
employment terms a.id 
conditions are not a 
first year topic. 



Section 35.9. At his discretion or upon the petition of any 
person, firm or corporation, the chief of police may appoint, and 
at his pleasure remove special police officers. Such officers shall be 
subject to all the rules and regulations of the department. 



23 



Section 35.10. The police commission may appoint patrol 
special officers and for cause may suspend or dismiss said patrol 
special police officers after a hearing on charges duly filed with the 
commission and after a fair and impartial trial. Each patrol spe- 
cial police officer shall be at the time of his appointment not less 
than twenty-one years of age nor more than forty years of age and 
must possess such physical qualifications as may be required by 
the commission. Age qualifications shall not apply to present 
patrol special police officers acting as such at the time of the pffec- 
tive date of this amendment nor to their reappointment. Patrol 
special police officers who are designated by the police commission 
as the owners of a certain beat or territory as may be fixed from 
time to time by said commission or the legal heirs or representa- 
tives of said owners, may dispose of their interest in said beat or 
territory to a person of good moral character, approved by the 
police commission and eligible for appointment as a patrol special 
police officer. . 

Section 35.11. On the recommendation of the chief of police, 
the commission may reward any member of the department fori 
heroic or meritorious conduct. The form or amount of said reward] 
to be descretionary with the commission, but not to exceed one| 
month's salary in any one instance. 



Section 35.12. The chief of police shall have the power, by 
regulation, to provide for the care and restitution of property 
that may come into possession of any officer or employee thereof, 
and the sale at public auction of all such unclaimed property, as 
well as the disposition of such porperty as shall consist of weapons 
or articles used or that may be used in the commission of crime, 
or the sale or disposition of which is prohibited by law. 



Section 35.13. This amendment shall become effective when 
the joint legislative resolution approving such amendment is filed 
with the secretary of state, and the board of supervisors has ap 
propriated the funds necessary in connection therewith, but not 
later than Julv 1, 1943. 



1 



To be retained — 
employment terms and 
conditions are not a 
first year topic. 



Substance of provisions 
to be enacted into 
ordinance (see sections 
5.105(b) and 5.109) . 



Substance of provisions 
to be enacted into 
ordinance (see sections 
5.105(b) and 5.109) 



To be deleted — 
provisions are obsolet* 



24 



Relevant new sections are 
3.801 and 3.1003. 



To be deleted — provisions 
are obsolete or are to be 
incorporated into ordinance 
(see sections 5.105(b) and 
5.109) 

To be deleted as obsolete, 
employment rights have vested 
and are protected. 



To be retained--employment 
terms and conditions are not 
a first year topic. 



Fire Department 

(Section 36. The fire department shall be under the manage- 
ment of a fire commission, consisting of three members, who shall 
be appointed by the mayor and each of whom shall receive an 
annual compensation of twelve hundred dollars ($1,200). The 
term of each commissioner shall be four years, commencing at 
twelve o'clock noon on the 15th day of January in the years of 
1948, 1949 and 1950 respectively. 
The fire commission shall appoint a chief of department, a 
secretary and a department physician who shall hold office at its 
pleasure. 

he fire commissioners shall be successors in office of the fire 
commissioners holding office in the city and county at the time 
this charter shall go into effect, and shall have all the powers and 
duties thereof, except as in this charter otherwise provided. The 
commissioners shall have power, upon recommendation of the 
chief of department, to send fire boats, apparatus and men outside 
the City and County of San Francisco for fire-fighting purposes. 

Positions of officers and employees of the fire department legally 
authorized shall continue, and the incumbents therein legally ap- 
pointed thereto shall continue as the officers and employees of the 
department under the conditions governing their respective ap- 
pointments, and except as in this charter otherwise provided. 

The several ranks in the fire department shall be: chief of 
department; deputy chief of department; chief, division of fire 
prevention and investigation; first assistant and second assistant 
chiefs of department; secretary to chief of department; battalion 
chiefs; supervisor of assignments, captains; lieutenants, inspector 
of fire department apparatus; engineers; chief's operators; 
drivers; tillermen; truckmen; hosemen,; pilots of fire boats and 
marine engineers of fire boats; and the ranks specified in section 
38.01 and 38.1 of this charter. The compensation for these ranks 
shall be determined as provided in section 36.2 of this charter. 

The chief of department shall recommend and the fire com- 
mission shall provide by rule for work schedules or tours of duty 
for the officers and members occupying the several ranks of the 
1 fire department, provided ... etc. to end of 
V section . 



25 



SECTIONS 36.1, 36JV, 36.2, 36.2.1, and 3A.3 
are to be detained in their present form. 
They relate to employment terms and conditions 
and have not been studied during this first 
year. 



Fire Marshal 

Section 37. The chief of the fire department, with the ap- I 
proval of the fire commission, may appoint a fire marshal and / 
assistants on the recommendation of the Underwriters Fire Patrol I 
of San Francisco, to serve without compensation from the city and ^» 
county. The board of supervisors may empower the fire marshal / 
to sell property saved or salvaged from any fire and for which no [ 
owner can be found. The fire marshal may call upon police officers I 
to assist in the protection or salvaging of property and shall have 1 
such other powers and duties as by ordinance may be prescribed I 
relative to the protection of property at fires and the storage of I 
property salvaged therefrom. He shall have such duties apper- I 
taining to the enforcement of laws relative to the storage, sale and I 
use of oils, combustible materials and explosives as the fire com- / 
mission by rule, or the supervisors by ordinance, may prescribe, J 



To be deleted — substj 
of provisions to be enac 
into ordinance (see sect 
5.105(b) and 5.109) 



26 



§ 38 



To be deleted — 
substance of provisions to 
be enacted into ordinance 
(see sections 5.105 (b) 
and 5.109) 



Fire Prevention 

^^Section 38. The chief of department shall have jurisdiction, under 
fthe management of the fire commission, of the division of fire preven- 
tion and investigation consisiting of the bureau of fire prevention and 
public safety and the bureau of fire investigation. He shall hold the 
assistant chief of department, division of fire prevention and investiga- 
tion, to the responsibility and authority for enforcement of laws and 
statutes of the State of California, and the charter and ordinances of 
the City and County of San Francisco, pertaining to matters of fire 
prevention and fire investigation. 

The bureau of fire prevention and public safety shall inspect all 
hospitals, schools, places of public assemblage, and other premises 
regulated by Title 19 of the California Administrative Code, flammable 
liquid storage facilities, other hazardous occupancies as defined by the 
Building Code, and all occupied or vacated structures and premises to 
determine whether or not compliance is being had with statutes, regu- 
lations, and ordinances relative to fire prevention, fire protection and 
firespread control, and the protection of persons and property from 
fire. It shall enforce said statutes, regulations, and ordinances and shall 
report violations to other departments having jurisdiction. 

The bureau of fire prevention and public safety shall examine the 
application, plans and specifications for the erection, and for altera- 
tions or repairs estimated to exceed $1,000 in cost, of any hospital, 
school, place of public assemblage as defined in the Building Code, 
other premises regulated by Title 19 of the California Administrative 
Code, flammable liquid storage facility, or other hazardous occupancy 
as defined by the Building Code, subject to the statutes, regulations, 
and ordinances referred to in this section, and shall also examine the 
applications, plans and specifications for all structures and premises 
insofar as they involve the location of standpipes. The bureau of fire 
revention and public safety shall by written report, filed with the 
director of public works, approve such plans and specifications, or re- 
port to said director of public works, the particulars wherein non- 
compliance exists, and upon modification of the application, plans and 
specifications to comply therewith, the bureau shall inform said di- 
rector of its approval. No permit for alteration or repair exceeding 
$1,000 in cost of any hospital, school, place of public assemblage as 
defined in the Building Code, other premises regulated by Title 19 of 
the California Administrative Code, flammable liquid storage facility, 
or other hazardous occupancy as defined by the Building Code, or for 
the erection thereof, or involving the location of standpipes, shall be 
issued unless said approval is given. 

Any structure or premises as provided in this Section 38, wherein 
there exists any violation of statutes, regulations, or ordinances referred 
to in this section, or which is maintained or used in such manner 
as to endanger persons or property by hazard or fire, explosion or panic 
and any structure or premises as provided in this Section 38 hereafter 
constructed, altered or repaired in violation of said statutes, regulations, 
or ordinances, is hereby dedared to be a public nuisance, and it shall 
be the duty of the bureau of fire prevention and public safety to pro- 
secute abatement proceedings. 

The bureau of fire prevention and public safety shall detail to the 
department of public works such personnel as necessary to review and 
check plans relative to requirements of the Fire Code and shall report 
any particulars of non-compliance to the director. 

The fire department shall make recommendations to the director of 
public works for possible revisions to the Building Code and Housing 
[ Code on matters of fire safety. 

% This section shall become effective on the first day of the month 
\ immediately following the date of ratification. 



27 



Section 38.01 to be retained in its present 
form. It relates to employment terms and con- 
ditions and has not been studied during the 
first year. 



Salvage Corps 

Section 38.1. On the effective date of this amendment the officers 
and members of the salvage corps shall cease to be a separate division 
of the fire department and shall thereafter become part of the divi- 
sions, battalions, bureaus and companies or other units of the fire de- 
partment, to which they are or may be assigned. Each officer or mem- 
ber of the salvage corps in the civil service classifications of captain, 
salvage corps; lieutenant, salvage corps; and fireman, salvage corps; 
shall be transferred, without competitive examination, to his relative 
position of captain, lieutenant and fireman respectively, by his dates 
of appointment for seniority in and to such ranks, and shall be en- 
titled to all rights thereof as provided in this charter. Officers and 
members heretofore retired or pensioned as officers or members of the 
salvage corps shall be considered to have been retired or pensioned 
from their equivalent ranks of captain, lieutenant, or fireman respec- 
tively. 



To be deleted — 
provisions are obsolet 
Employment rights have 
vested and are protect 



28 



§ 38.2-38.3 



To be deleted — provisions 
are obsolete. Employment 
rights have vested and are 
protected. 



Salvage Corps — Military Leave Provisions 

Section 38.2. Notwithstanding any other provisions of this char- 
ter, any person employed on July 1, 1943, in the uniformed force of 
said Underwriters' Fire Patrol of San Francisco who was absent from 
his duties therein on account of military service and who had been 
so employed by said Underwriters' Fire Patrol of San Francisco for a 
period of six (6) months next before July 1, 1943, is deemed a mem- 
ber of said salvage corps on July 1, 1943, on military leave from his 
position therein and is deemed appointed thereto on July 1, 1943, 
pursuant to the civil service provisions of the charter and entitled from 
said date to all of the benefits of such employment. [New section, 1947] 



Curtailment or Discontinuance of Fireboat Operation 

Section 38.3. In the event that the services of any pilot, marine 
engineer or marine fireman holding permanent civil service status as 
such hereinafter referred to as the said member, are no longer required 
in connection with fireboat operation due to curtailment of such opera- 
tion by the City and County of San Francisco or due to the conver- 
sion from steam fireboats to motorized fireboats the said member on 
the basis of seniority in rank may be reassigned to duties of a position 
of some other rank in the fire department in which a vacancy in a per- 
manent position exists and not carrying a higher compensation than 
the compensation of the rank previously held by said member, as the 
chief of department, with the approval of the fire commission shall 
determine are within the said member's ability to perform, below the 
rank of lieutenant, provided however, said member shall not be eligible 
for promotional examination in the fire department. Upon such reas- 
signment the said member shall be declared to be permanently appointed 
to such new rank as if appointed thereto after examination and certifica- 
tion from a list of eligibles under the civil service provisions of this 
charter, and he shall have seniority therein from date of such reas- 
signment and he shall receive the same rate of pay as would be appli- 
cable to any other member of such new rank having the same number 
of years of service in the department under the provisions of section 
36.2 of the charter. If no vacancy in a permanent position exists to 
which immediate reassignment may be made as indicated above, then 
such member shall be laid off from his position subject to reassign- 
ment as indicated above when such a vacancy does occur. 

If at any time after such reassignment the said member's orig- 
inal position, or a similar position becomes available on fireboats 
under jurisdiction of the San Francisco Fire Department the said 
member shall be assigned to such position in accordance with his 
seniority in rank in the department, preference in such assign- 
ment being given to the said member having the greatest seniority. 
Upon such assignment the said member shall be declared to be 
reappointed to the rank he held at the time he was transferred 
from such fireboat service and shall be restored to all the civil 
service rights and privileges appurtenant thereto, including such 

\ additional rights and privileges as may have accrued by reason of 
added seniority. 

29 



Nothing in this section shall affect the said member's pension | 
and retirement rights and privileges under sections 168.3 and 171. j 

The chief of department, the board of fire commissioners, the! 
civil service commission, the controller and the board of super- 1 
visors shall perform all acts necessary to carry out the provisions! 
of this section. J 

Board of Permit Appeals 

Section 39. The mayor shall appoint five qualified electors,^ 
other than city and county officials or employees, for terms of four 
years, to constitute a board of permit appeals. The compensation 
for each member shall be fifteen dollars ($15) per meeting of the 
board actually attended by such members provided that the total 
amount paid all members of the board shall not exceed five thou- 
sand dollars ($5,000) per year. The persons first appointed shall 
determine their terms by lot so that one such term shall expire at 
twelve o'clock noon on the 15th day of January in each of the 
years 1933, 1934 and 1935, and the remaining two terms at twelve 
o'clock noon on the 15th day of January, 1936, and upon these and 
successive expirations the mayor shall appoint their successors for 
four-year terms. 

Any applicant for a permit or license who is denied such permit 
or license by the department authorized to issue same, or whose 
license or permit is ordered revoked by any department, or any 
person who deems that his interests or property or that the gen- 
eral public interest will be adversely affected as the result of op- 
erations authorized by or under any permit or license granted or 
issued by any department, may appeal to the board of permit 
appeals. Such board shall hear the applicant, the permit-holder, 
or other interested parties, as well as the head or representative of 
'the department issuing or refusing to issue such license or permit, 
or ordering the revocation of same. After such hearing and such 
further investigation as the board may deem necessary, it may 
concur in the action of the department authorized to issue such 
license or permit, or, by the vote of four members, may overrule 
the action of such department and order that the permit or license 
be granted, restored or refused. 



Recreation and Park Department *> 

Section 40. The recreation department and the park depart 
ment are hereby consolidated into one department, to be known as 
the recreation and park department, which shall be under the 
management of a recreation and park commission. The recreation 
and park department and the recreation and park commission 
shall be, respectively, the successors in all regards of the recrea- 
tion department and the park department and of the recreation 
commission and the park commission, which departments, com- 
missions and offices of commissioner thereof shall cease to exist. 



Relevant new sections 
are 3.420 - 3.426. 



30 



Relevant new sections 
are 3.500-3.504, 3.600- 
3.602, 3.1003, 5.104- 
5.106. Except as noted 
below substance of other 
provisions not inconsisten 
with new sections are to 
be enacted into ordinance 
(see sections 5.105(b) 
and 5.109) 



) be deleted — pro- 
Lsions are obsolete 



I A recreation and park commission is hereby created, the mem- 
bers of which shall serve as commissioners thereof without com- 
pensation. Said commission shall consist of seven members, who 
shall be appointed by the mayor for a term of four years ; provided 
that the respective terms of office of those first appointed shall be 
as follows : two for two years, two for three years, and three for 
four years from the effective date of this section. Vacancies oc- 
curring in the offices of appointive members, either during or at 
expiration of term, shall be filled by the mayor. Not less than two 
members of said commission shall be women. 
£ This section and sections 41 and 42 as herein amended, shall 
(take effect on the filing with the secretary of state of the legislative 
I resolution of approval thereof, except that the existing commis- 
J sions and departments shall continue for all purposes pertaining 
I to the current fiscal year until the first day of the fiscal year next 
J succeeding the filing of such resolution and the recreation and 
I park commission shall have power prior to such date only in rela- 
I tion to matters pertaining to its own organization and to such next 
^^ucceeding fiscal year and thereafter. 



ee note at beginning 
f section 40. 



["o be deleted — pro- 
visions are obsolete. 
Umployment rights have 
rested and are protected, 



V 



Organization of Department 

Section 41. The recreation and park commission shall appoint 
general manager, who shall hold office at the pleasure of the com- 
ission. The commission shall also appoint a secretary, subject to 
the civil service provisions of this charter. 

The general manager shall be the chief executive officer of the 
department. Subject to the approval of the commission, he shall 
have power to appoint and to remove a superintendent of recrea- 
tion, a superintendent of parks, a director of the zoo, an executive 
secretary to the general manager, and a director of the Strybing 
Arboretum and Botanical Gardens, all of whom shall be exempt 
from the civil service provisions of this charter, and shall hold 
office subject to such power of removal on approval of the com- 
mission. The position of director of Strybing Arboretum and 
Botanical Gardens shall be held only by a person who possesses 
the educational and administrative qualifications and experience 
necessary to direct and administer a complete program for the 
development, operation and maintenance of an arboretum and 
botanical garden. 

The civil service rights of persons employed under the civil 
service provisions of this charter in either the recreation or park 
departments shall continue in the recreation and park depart- 
ment. Seniority of any sucli employees who acquired civil service 
status in either the recreation department under the provisions 
of section 42 of the charter as effective January 8, 1932, or in the 
park department under the provisions of section 40 of the charter 
as amended and effective January 21, 1941, shall be determined 
for all purposes in each instance by the date of commencement of 
full-time continuous service with either the recreation or park 
departments. If records of the date of commercement of full-time 
continuous service do not exist or are inadequate in any instance 
from which to determine such date with certainty, other proof 
may be received. 



31 



Sale, Abandonment or Discontinuance of Use of Land 
Held for Park Purposes 

Section 41.1. Notwithstanding any other provisions of this 
charter, whenever lands which are or shall be used or intended 
for use for parks or squares are no longer needed for park or 
recreational purposes, such lands may be sold or otherwise dis- 
posed of, or their use for park purposes may be abandoned or 
discontinued; provided that nothing herein shall be construed to 
authorize the discontinuance or abandonment of the use of such 
lands, or any change in the use thereof which will cause the rever- 
sion of such lands to private ownership, or cause the forfeiture of 
the ownership thereof in fee by the City and County of San 
Francisco, or as authorizing the discontinuance of the use of park 
lands acquired in any proceeding wherein a local assessment 
based on benefits was or shall be levied to provide funds for such 
acquisition; and provided further that the general laws of the 
State of California authorizing municipal corporations to aban- 
don or to discontinue the use of land for park purposes, authoriz- 
ing the sale or other disposition of such lands, and providing 
procedures therefor and for matters relating thereto, shall be 
applicable to the City and County of San Francisco and to all 
lands held or used by it for park purposes and shall govern and j 
control exclusively in respect thereto. 



Control and Use of Property — Tax Levy — 

Section 42. The recreation and park commission shall have^ 
the complete and exclusive control, management and direction of 
the parks, playgrounds, recreation centers and all other recrea- 
tion facilities, squares, avenues and grounds which are in the 
charge of the commission on the effective date hereof, or are 
thereafter placed in the charge of the commission, except as in 
this charter otherwise provided. 

It shall also have power to construct new parks, playgrounds, 
recreation centers, recreation facilities, squares and grounds, and 
to erect and maintain buildings and structures on parks, play- 
grounds, squares, avenues and grounds, provided that all plans, 
specifications and estimates in connection therewith shall be pre- 
pared by the department of public works and be subject to ap 
proval by the recreation and park commission. 

All contracts or orders for the work to be performed under 
such plans and specifications shall be awarded and executed by 
the director of public works with the approval of the recreation 
and park commission and shall be administered by the director 
of public works. 

It shall be the duty of the recreation and park commission to 
make provision for the funds required for the operation and 
continuance of the duties herein assigned to the department of, 
'public works. / 

| The persons performing the functions and duties transferred") 
'from the recreation and park department to the department off 






To be retained — 
disposition of publ 
property not a firs 
year topic. 



See notes at beginni 
of section 40. 






To be deleted — pro- 
visions are obsolete 
Employment rights ha 
vested and are protei 



32 



public works shall be transferred therewith, and such employees 
shall retain in the department of public works the same salary 
and civil service seniority status as they had in the recreation 
and park department. 



See notes at begin- 
ning of section 40. 



Section 42.1. It shall be the policy of the commission to 
'promote and foster a program providing for organized public 
recreation of the highest standard. 

The commission, through the general manager, shall utilize 
the property under its control and organize the personnel under 
its direction, to the end that all functions of the department be 
performed with the greatest possible efficiency. 

The San Francisco Unified School District shall supervise and 
direct recreational activities in facilities under its jurisdiction, 
and the commission and the school district shall have the power 
to supervise and direct other adjacent recreation and park 
.facilities either jointly or severally by agreement. 



To be retained — 
disposition of public 
property not a first 
year topic. 



Section 42.2. Except as provided in section 42.3, the com- 
' mission shall not lease any part of the lands under its control 
nor permit the building or maintenance or use of any structure 
on any park, square, avenue or ground, except for recreation 
purposes, and each letting or permit shall be subject to approval 
of the board of supervisors by ordinance. The commission may 
4ease to the highest responsible bidder for a term of not to 
exceed fifty years and upon such other terms and conditions as 
it may determine, subsurface space under any public park or 
square and the right and privilege to conduct and operate 
therein a public automobile parking station, provided that the 
said construction, when completed, and the operation will not 
be, in any material respect or degree, detrimental to the original 
purpose for which said park or square was dedicated or in con- 
travention of the conditions of any grant under which said park 
or square might have been received. The revenues derived from 
any such lease shall be credited to the recreation and park 
department fund. 

Section 42.3. The recreation and park commission shall 
have the power to lease or rent any stadium or recreation field 
under its jurisdiction for athletic contests, exhibitions and other 
special events and may permit the lessee to charge an admission 
fee. 



To be retained — 
mandatory appropria- 
tions not a first 
year topic . 



Section 42.4. The amount of money to be provided by tax 
levy for recreation and park purposes shall not be less than the 
total of the amounts now or hereafter provided for parks and 
squares and for playgrounds under the provisions of section 78 
of this charter. 



33 



Library Department 

Section 43. The library department shall be under the man- 
agement of a library commission consisting of eleven members 
who shall be appointed by the mayor and shall serve without 
compensation. 

The term of each commissioner shall be four years, at the 
expiration of which the mayor shall appoint his successor. 

The library commission shall appoint a librarian and a secre- 
tary who shall hold office at its pleasure. The librarian shall be 
the chief executive of the department and shall be the appointing 
officer for the department as provided in section 20 of the charter. 

The library commission shall be the successors in officer of the 
board of library trustees holding office at the time this charter 
shall go into effect and shall have all the powers and duties there- 
of, except as in this charter otherwise provided. 

Effective January 8, 1964, the library commission shall be re- 
duced in number to seven members; and of the eleven members 
making up the commission immediately prior to said date, the 
last seven to have received appointment shall comprise the com- 
mission on said date. Notwithstanding any other provision of this 
section, the term of each of the remaining four members shall on 
that date automatically terminate. 

War Memorial ^ 

Section 44. The board of trustees of the San Francisco war 
memorial shall, under ordinance, have charge of the construction, 
administration and operation of said war memorial and of the 
grounds set aside therefor. The board shall consist of eleven mem- 
bers appointed by the mayor, subject to confirmation by the board 
of supervisors. The terms of office of the incumbent trustees shall 
expire as heretofore classified by lot, as follows: The terms of 
four of said trustees shall expire on the 2nd day of January, 1933; 
three on the 2nd day of January, 1935; and four on the 2nd day 
of January, 1937. Thereafter appointments to said board shall be 
for the term of six years. Vacancies on said board shall be filled 
by the mayor, subject to confirmation by the board of supervisors, 
for the unexpired term becoming vacant. In making appointments 
to said board, the mayor shall give due consideration to veterans 
of all wars in which the United States may have engaged, and to 
such other classes of persons who may have a special interest in 
the purpose for which said war memorial is to be constructed and 
maintained. The members of said board shall serve without com- 
pensation. 

The board shall have the power to appoint a secretary and a 
managing director, each of whom shall hold office at its pleasure, 
and such other employees as may be provided by the annual bud- 
get and appropriation ordinance. 

The board of supervisors shall annually appropriate to the war 
memorial board an amount sufficient to defray the cost of main- 
taining, operating and caring for said memorial. 



Relevant new sections 
are 3.500-3.504, 3.600- 
3.602, 3.1003, 5.104- 
5.106. Except as noted, 
substance of other pro- 
visions not inconsistent 
with new sections to be 
enacted into ordinance 
(see sections 5.1J5 (b) 
and 5.109) 



Relevant new sections 
are 3.500-3.504, 
3.600-3.602, 3.1003, 
5.104-5.106. Substance 
of other provisions not 
V inconsistent with new 
/sections to be enacted 
into ordinance (see 
sections 5.105 (b) and 
5.109) 



To be retained — 
mandatory appropriation 
is not a first year 
topic . 



34 



Relevant new sections 
are 3.700, 3.500- 
3 .1304, 5 .105, and 
5.106. Substance of 
other provisions not 
inconsistent with new 
sections to be enacted 
into ordinance ( see 
sections 5.105 (b) and 
5.109) 



Art Commission 
Section 45. An art commission for the city and county is 
hereby created, consisting of ten members appointed by the ma- 
yor and six ex officio members. The ex officio members shall be 
the mayor and the chairmen of the following boards and com- 
missions: Public library, recreation and park, city planning, de 
Young Memorial Museum and California Palace of the Legion of 
Honor. The mayor shall appoint three lay members, and an artist- 
painter, an artist-sculptor, a musician, a litterateur, two archi- 
tects and one landscape architect. In appointing the seven pro- 
fessional members, the mayor shall solicit nominations from 
architectural, art, musical, literary and other cultural organiza- 
tions of the city. 

The first appointments by the mayor shall be made not later 
than the 15th day of January, 1932, and shall be for the following 
terms, which shall expire at twelve o'clock noon on the 15th day 
of January in the respective years : One landscape architect and 
one lay member, one-year terms; one artist-sculptor and one arch- 
itect, two-year terms; one musician and one lay member, three- 
year terms; one litterateur and one architect, four-year terms; 
and one artist-painter and one lay member, five-year terms. Upon 
the expiration of the terms, all successive appointments shall be 
for a period of five years. 

The members of the commission shall serve without compensa- 
tion. No member of this commission shall receive from the city 
and county, or from any trust, donation, or legacy, any compen- 
sation for any service as an artist for the benefit of the city and 
county. 

A quorum for the transaction of official business of the art 
commission shall consist of six members thereof. 



Powers and Duties 
Section 46. No work of art shall be contracted for or placed 
or erected on property of the city and county or become the prop- 
erty of the city and county by purchase, gift or otherwise, except 
for any museum or art gallery, unless such work of art, or a 
design or model of the same as required by the commission, 
together with the proposed location of such work of art, shall first 
have been submitted to and approved by the commission. The 
term "work of art" as used in this charter shall comprise paint- 
ings, mural decorations, stained glass, statues, bas reliefs or other 
sculptures ; monuments, fountains, arches or other structures of a 
permanent or temporary character intended for ornament or com- 
memoration. No existing work of art in the possession of the city 
and county shall be removed, relocated or altered in any way with- 
out the approval of the commission, except as otherwise provided 
herein. The commission shall have similar powers with respect to 
the design of buildings, bridges, viaducts, elevated ways, ap- 
proaches, gates, fences, lamps or other structures erected or to be 
erected upon land belonging to the city and county, and concern- 
ing arches, bridges, structures and approaches which are the prop- 
erty of any corporation or private individual and which shall 
extend over or upon any street, avenue, highway, park or public 
place belonging to the city and county. Said commission shall so 
act and its approval shall be required for every such structure 
which shall hereafter be erected or contracted for, and may advise 
in respect to lines, grades and platting of public ways and 
grounds. 



§ 46-47 *\ 

all appropriations made by the Doaru 

icy connected with the arts as may hereafter be ass g 

ordinance or executive action. „ npnditure f less than 

The *^™^^SZ£TJL submis- 
one thousand dollars ($1,000) wit™ gub 

^ n rcImissionmayvolunteeradv,e r u^ 

ers of private property -^^^JSC^ing or 



Sections 47, 48, and 48.1 are to be deleted as 
obsolete. The enactment of sections 48.2, 48. J 
and 48.4 expressly rendered them inoperative. 



Section 48.2. The City and County of San Francisc o **» »« 
cept the ransfer and assume jurisdiction and control of theharbor 
of San Francisco and the facilities thereof in accordance with 
terms and conditions of Statutes 1968, ch. 1666. t 

Any and all indebtedness assumed for said purpo* es sha 11 no 
be included in the bond debt limit Provided f™™***™^^ in- 
charter, and if thereafter any add.t.onal ^"ded indebted n«» 
curred to improve said harbor in connection with the op 



To be retained — 
bond debt limit 
not a topic for 
first year study 



36 



Relevant new sections 
are 5.105 (a) (5) , 
5.106, and 3.1003. 
Except as noted, sub- 
stance of other pro- 
visions to be enacted 
into ordinance (see 
section 5.105 (b) 
and 5.109) 



thereof, said bonded indebtedness so incurred shall also be exempt 
"rom the limitations contained in section 101 of this charter./AlI 
" e powers and duties incident to the management, government, 
control and administration of said harbor and all properties and 
utilities used in connection therewith, shall be vested in the Port 
Commission of the City and County of San Francisco. 

The Board of Supervisors of the City and County of San Fran- 
cisco shall have and is hereby granted power to enter into any 
greement with the State of California, the Director of Finance, or 
ny officer, agency or commission of the State of California, and to 
ass all necessary legislation and to do or perform any other act or 
cts deemed necessary to effect the transfer of the jurisdiction and 
control of the harbor of San Francisco, or any of the facilities there- 
of, to the City and County of San Francisco. 

The San Francisco Port Commission shall consist of five mem- 
bers who shall be appointed by the mayor, their appointment being 
subject to confirmation by the Board of Supervisors. Each of said 
members shall serve for a term of four years. Vacancies on the 
commission shall be filled by the mayor for the unexpired portion 
of the term. Initial appointive members of the commission shall 
consist of the incumbent members of the San Francisco Port Au- 
thority, who shall serve as commissioners for a term corresponding 
to the unexpired portion of their tenure as members of the Port 
Authority. In addition, the Director of Finance and Secretary of 
Agriculture and Services, or their designated representatives, shall 
be ex officio members of the commission. Persons appointed to the 
Port Commission shall be subject to recall, suspension and removal 
in the same manner as an elected official. The compensation of each 
member of said Port Commission shall be twelve hundred dollars 
($1,200) per year. Ex officio members of the commission shall serve 
as such without compensation. 

Section 48.3. The Port Commission shall have all the powers 
and duties given to boards and commissions by section 19 of the 
charter and shall have the power to establish such departments and 
bureaus as may be necessary or convenient for the conduct of its 
affairs. Subject to the terms and conditions of the transfer and any 
supplemental agreements relating thereto, the Port Commission 
shall have the control and management of all real and personal prop- 
erty transferred under the Statutes 1968, ch. 1333, or otherwise 
acquired or purchased with funds under its control or acquired or 
purchased by it within the scope of its authority, or otherwise 
placed under its management, supervision and control, the property 
under the control and management of the commission shall be 
known as the Port Area. The Port Commission shall have the power 
and duty to use, conduct, operate, maintain, manage, regulate, and 
control the Port Area of San Francisco and to do all things it deems 
necessary in connection with the use, conduct, operation, manage- 
ment, maintenance, regulation, improvement and control of said 
Port Area, or which may further the interests of the Port in world 
trade, including, without limiting the generality of the foregoing, 
the exclusive power to perform or accomplish the following: 
| 1. The improvement, operation and conduct of the harbor, and 

I any and all improvements or facilities located thereon; 

2. The construction, reconstruction, repair, operation and use 
I of all works, buildings, facilities, utilities, structures and appliances 



37 



incidental, necessary or convenient for the promotion and accommo- 
dation of commerce and navigation, or located within the Port 
Area; 

3. The establishment, improvement and conduct of railroad 
and aviation facilities and all works, buildings, facilities, utilities, 
structures and appliances incidental, necessary or convenient for 
the promotion and conduct of air commerce and navigation and 
railroad transportation; 

4. The construction, reconstruction, repair, maintenance and 
operation of public buildings, parks, playgrounds, public educational 
and recreation facilities and all works, buildings, facilities, struc- 
tures and appliances incidental, necessary or convenient for the 
promotion and accommodation of any such uses; 

5. The preservation or restoration of marine resources con- 
sistent with the primary mission of the harbor of San Francisco; 

6. The grant of franchises thereof for limited periods not 
exceeding 66 years for wharves and other public uses and purposes 
and the lease of said lands, facilities, or any part thereof for lim- 
ited periods not exceeding 66 years, and the collection and retention 
of rents and other revenues from such leases, franchises, permits, 
licenses, and privileges. Such lease or leases, franchises, permits, 
licenses, and privileges shall be for purposes consistent with the 
trusts upon which the lands are held by the state and with the 
requirements of commerce and navigation, or if the Port Commis- 
sion of the City and County of San Francisco determines that any 
portion of the transferred lands is not required for the foregoing 
uses described in this section, such lease or leases, franchises, per- 
mits, licenses, and privileges, may be for the purposes of such 
development and use as the commission finds will yield maximum 
profits to be used by the commission in the furtherance of com- 
merce and navigation; 

7. Leases and franchises granted or made by the Port Com- 
mission shall be administered exclusively by the operating forces of 
the Port Commission; 

8. The power to nominate for appointment a port director who 
shall be the chief executive of the Port Commission and who shall 
have the management 6f all the affairs and activities placed under 
the jurisdiction of the commission. The mayor shall appoint a port 
director. He shall devote his entire time to the duties of his office 
and his salary shall be fixed by the commission. He shall hold his 
office at the pleasure of the commission and shall have the manage- 
ment of said harbor and of all of the facilities and equipment there- 
of and of all bureaus and departments established for the operation 
of said harbor or for the operation of any equipment or facility 
thereof. Subject to the approval of the commission he shall appoint 
and remove any and all heads of departments or bureaus, who may 
not be subject to the civil service provisions of the charter. He shall 
possess the necessary administrative, executive and technical quali- 
fications necessary to enable him to perform the duties of his office. 
His compensation shall not exceed prevailing salaries paid those 
holding similar positions in comparable maritime employment. The 
commission may confer on him such additional powers and author- 
ity as it may see fit; 

9. To regulate the berthing, anchoring, towing, loading and 
unloading and mooring of vessels within the port; 



See note on pre 
ceeding page. 



38 



To be retained — 
employment terms 
and conditions 
are not a topic 
for first year study, 



To be retained — 
bond policies 
and procedures are 
not a topic for 
first year study. 



10. To issue receipts, negotiable or otherwise, for property 
or merchandise in its charge or possession; 

11. To fix all rates, dockage, rentals, tolls, wharfage, and 
charges, for the use and occupation of the public facilities or ap- 
pliances of the port, and for services rendered by the Port Commis- 
sion, and to provide for the collection thereof; 

12. To enter into contracts, agreements, or stipulations ger- 
mane to the scope of its powers and duties; 

13. To give such bonds or assurances as may be required by 
the United States in the operations permitted hereunder; 

14. To provide and equip offices within or without the Port, 
within other states, or in foreign countries, and through such em- 
ployees and agencies as it may deem expedient; 

15. To contract for and operate foreign trade zones within the 
,Port Area or auxiliary to the Port Area, or such zones or sub-zones 
as have been operated by the San Francisco Port Authority. Agree- 
ment may be made with the Public Utilities Commission for opera- 
tion of future zones or sub-zones in other areas; 

/^ 16. Members and officers of the Port Commission shall be 
■exempt from the provisions of the City Charter relating to absences 
/from the State, but shall advise the Mayor and the Board of Super- 
< visors in advance of such absences; 

1 17. May promote the maritime and commercial interests of the 
harbor by advertising its advantages and facilities and by the solici- 
tation of business. The advertising and solicitation may be con- 
ducted within or without this State and through such agencies, 
mediums, employees and agents as are determined by the Commis- 
sion. The Commission may, in its discretion, publish and distribute 
a magazine, pamphlets, booklets and other printed and advertising 
matter for the purpose of developing traffic and promoting and 
maintaining the commerce and prestige of the port, and may use 
any moneys of the Harbor Fund for the special purposes authorized 
by this provision. Members and employees of the commission in 
attending conventions of port authorities and meetings of trans- 
portation clubs, trade associations and business organizations that 
may advance the interests of the port shall be allowed their actual 
necessary expenses in the performance of such services as may 
from time to time be deemed desirable by the commission and shall 
be allowed hospitality expenses necessarily incurred in furthering 
the interests of the Port; 

8. To issue revenue bonds in the same manner and to the 
e extent as is provided for by the San Francisco Harbor Rev- 
enue Bond Act of 1951, enacted by Stats. 1951, Chapter 1712, page 
4020, of the Statutes of California. All of the nrovisions of said Act 
are by this reference incorporated in and made a part of this char- 
ter, except that where the term "Board of State Harbor Commis- 
sioners" is used it shall be deemed to mean the "Port Commission." 
nd where the term "San Francisco Harbor Bond Finance Board" 
or "Bond Finance Board" is used it shall be deemed to mean "Board 
of Supervisors of the City and County of San Francisco," and where 
the term "Attorney General of the State of California" is used it 
shall be deemed to mean "City Attorney," and where the term 
"State Treasurer" is used it shall be deemed to mean "City Treas- 
urer," and where the term "State Controller" is used it shall be 
deemed to mean "City Controller." The revenue bonds fsspeiHwre- 

under shall be known as "Revenue Bonds of the Port Commission 
v of San Francisco." 

V, 19. To expend all funds necessary to the carrying out of the 
powers and duties herein expressed; 

20. This section does hereby vest in the Port Commission all 
of the powers set forth in section 3 and section 5 of the Statutes 
of 1968, Chapter 1333, which provisions are hereby incorporated 
in the charter by .this reference. 

The city attorney shall be the legal adviser of the commission, 
and may, with the approval of the commission, compromise, settle 
or dismiss any litigation or legal proceeding, pending for or on be- 
half of the commission relative to any matter under its jurisdiction, 
and said commission may with the consent of the mayor and the 
approval of the city attorney appoint special counsel. 






Section 48.4. All employees of the Port Authority who, at the \ 
time the transfer provided for herein shall go into effect, are mem- \ 
bers of the Public Employees' Retirement System of the State of \ 
California shall continue to be members of said Public Employees' 1 
Retirement System, with all the rights, privileges and benefits of I 
said system and they shall not be members of the San Francisco I 
City and County Employees' Retirement System; and, notwith- I 
standing any other provisions of this charter, the city and county I 
shall perform all acts necessary to continue the membership of such / 
employees in said Public Employees' Retirement System. / 

All employees of the Port Authority who, at the time the trans- / 
fer provided for herein shall go into effect, are covered under the I 
provisions of a retirement program other than the Public Em- I 
ployees' Retirement System of the State of California shall there- I 
after continue to be covered under such retirement program and L 
they shall not be members of the San Francisco City and County f 
Employees' Retirement System; and, notwithstanding any other 
provisions of this charter, the city and county shall perform all acts 
necessary to continue the coverage of such employees under such 
retirement program. 

Persons who, after the transfer provided for herein has gone 
into effect, becomes employees of the city and county in positions 
related to the operation of the State Belt Railroad and who become 
covered under the provisions of the Railroad Retirement Act by 
virtue of their employment in such positions shall not be members 
of the San Francisco City and County Employees' Retirement Sys- 
tem. 

Notwithstanding any other provisions of this charter, the city 
and county shall perform all acts necessary to protect the employ- 
ment rights of employees of the Port Authority as specified in 
Section 20 of Statutes 1968, ch. 1333. 

In the matter of the control and operation of the harbor and 
of the facilities and equipment thereof, including the matter of 
budgets and appropriations, the Port Commission shall be subject 
to the budgetary and fiscal procedure elsewhere provided for in 
this charter. 

The revenues of said harbor and of all properties and facilities 
it»«vdent thereto, or used in connection therewith, shall be deposited 
in a separate fund in the treasury of the city and county and a 
harbor trust fund or trust funds shall be established by the city 
and county and the city and county shall deposit in the fund or 

funds all monies received attributable to facilities on the trans- 
ferred lands in the harbor. 

Subject to the terms and conditions of Statutes 1968, ch. 1333, 
appropriations from such funds shall be made for the following 
purposes and in the order named, viz.: 

(a) For the payment of operating expenses, pension charges 
and proportionate payments to such compensation and other insur- 
ance and accident reserve funds as the commission may establish 
or the Board of Supervisors may require; 

(b) For payment of the principal and interest of any obliga- 
tions of the State of California and assumed or agreed to be paid 
by the City and County of San Francisco; 

(c) For repairs and maintenance of the properties of said 
harbor or used in connection with the operation thereof; 

(d) For the payment of the principal and interest on any 
bonds issued by the City and County of San Francisco for the 
acquisition, construction, repair or extension of said harbor or of 
any of the facilities used in connection therewith; 

(e) An amount which shall be sufficient to meet the cost of 
reconstruction and replacement made necessary by the physical and 
functional depreciation of any of the properties or equipment of 
said harbor as the same shall occur; 

(f) To pay for extensions and betterments to said harbor or 
to the equipment and facilities thereof; 

(g) To establish a surplus or sinking fund for the improve- 
ment or extension of the harbor or any facility used in connection 
therewith. 



To be retained — 
employment terms and 
conditions are not a 
topic for first year! 
study . 



To be retained — 
earmarking revenues 
is not a topic 
for first year 
study. 



r 



To be deleted as 
redundant — provisions * 
covered by other 
sections . 






Section 49. The mayor shall nominate members of the hoard of 
education for confirmation by the voters, and shall appoint ((two)) 
three members of the retirement hoard, and shall also appoint mem- 
bers of the public utilities, city planning and civil service commis- 
sions, each of which said hoards or commissions to have the mem- 
bership, terms of members, and powers and duties as are provided 
in this charter. 



OTHER BOARDS AND DEPARTMENTS 



Relevant new sections | 
are 5.105 (a) (4) , 
5.106, and 3.1003. 
Except as noted, sub- 
stance of other pro- 
visions to be enacted 
into ordinance (see 
sections 5.105 (b) 
and 5.109) 



California Palace of the Legion of Honor 

Section 50. The California Palace of the Legion of Honor 
shall be known as such in perpetuity. The management, superin- 
tendence and operation thereof and the lands set aside therefor 
shall be vested in a board of eleven trustees, of which the mayor 
and the president of the recreation and park commission shall be 
ex officio members. All vacancies occurring in said board shall be 
filled by the vote of a majority of the remaining members thereof. 
The number of trustees may be increased from time to time as 
needed, provided that at no time shall the total number of trustees 
exceed seventeen. The trustees in office at the time, shall, in their 
discretion, determine the need for additional trustees. Upon mak- 
ing such determination, the additional trustees shall be elected by 
the majority of the board then in office. None of said trustees shall 
receive any compensation for his or her services. Trustees need 
not be residents of the city and county. 



41 



The board shall have exclusive charge of the said memorial, the 
lands set aside therefor, and its affairs, and of all real and per- 
sonal property thereunto belonging, or which may be acquired by 
loan, purchase, gift, devise, bequest or otherwise, when not incon- 
sistent with the terms and conditions of the loan, gift, devise or 
bequest. It shall meet for its purposes at least once in three months, 
and at such other times as the president or any three members 
thereof may appoint, in a place to be provided for the purpose. It 
shall appoint a director, curators and secretary, who shall hold 
office at its pleasure. It shall appoint such other assistants and em- 
ployees as may be necessary, who shall be subject to the civil 
service and salary standardization provisions of this charter; prc-> 
vided that all such assistants and employees who were actually 
employed, or who were on military leave of absence from employ- 1 
ment on January 11, 1943 and who had been continuously em-| 
ployed for one year immediately preceding such date or such 
military leave of absence shall be continued in their respective 
positions as if appointed thereto after examination and certifica- 
tion from a civil service list of eligibles and thereafter shall be 
governed by and subject to the civil service provisions of this 
charter. The secretary shall keep a full account of all property; 
money, receipts and expenditures, and a record of all its proceed- 
ings, and shall file annually a report with the controller. The trus- 
tees shall have power to insure loan exhibits against any risk. 

The supervisors, for the purpose of maintaining, operating and 
superintending said memorial, and the purchase of objects of art, 
literary productions and other personal property, shall provide 
an amount sufficient for the maintenance, operation, and superin- J 
tendence thereof; subject to the budget and fiscal provisions of 
this charter, and to that end shall levy a tax annually, the pro- 
ceeds of which shall be credited to and deposited in a fund in the 
treasury of the city and county to be known as the "California 
Palace of the Legion of Honor Fund," and shall be used exclu- 
sively for the purposes thereof. 

It is the intention that the administration and control of the 
California Palace of the Legion of Honor shall be continued with 
the powers granted and under the conditions imposed by the terms 
of the donation and accepted by the city and county. 



To be deleted — pro- 
visions are obsolete. 
Employment rights have 
vested and are pro- 
tected. 



To be retained — 
mandatory appropriations 
are not a topic for 
first year study. 



M. H. de Young Memorial Museum 
Section 51. The M. H. de Young Memorial Museum shall be 
known as such in perpetuity. The museum and the grounds set 
aside therefor shall be under the management, superintendence, 
and operation of a board consisting of eleven trustees, of which the 
mayor and the president of the park commission shall be ex officio 
members. All vacancies occurring in said board shall be filled by 
the vote of a majority of the remaining members thereof. The 
number of trustees may be increased from time to time as needed, 
provided that at no time shall the total number of trustees exceed 
seventeen. The trustees in office at the time, shall, in their discre- 
tion, determine the need for additional trustees. Upon making 
such determination, the additional trustees shall be elected by the 
vote of the majority of the board then in office. None of said trus- 
tees shall receive any compensation for his or her services. 



Relevant new sections 
are 5.105 (a) (4) , 5.106, 
and 3.1003. Except as 
noted, substance of 
other provisions to be 
enacted into ordinance 
(see sections 5.105 (b) 
and 5.109) 



A.? 



To be retained-- 
mandatory appropria- 
tions are not a topic 
for first year study. 



To be deleted — 
provisions are obsolel 
Employment rights have 
vested and are protecl 



The board shall have exclusive charge of the said memorial mu- 
seum, the lands set aside therefor, and its affairs, and of all real 
and personal property thereunder belonging, or which may be 
acquired by loan, purchase, gift, devise, bequest, or otherwise, 
when not inconsistent with the terms and conditions of the loan, 
gift, devise, or bequest. The trustees shall have power to insure 
loan exhibits against any risk. The park commissi#n shall maintain 
and care for the grounds of this memorial museum, and shall fur- 
nish the moneys for the necessary repair and embellishment of the 
grounds and unoccupied parts. 

The board of trustees shall have the power to maintain, repair 
or reconstruct existing buildings and construct new buildings and 
to make and enter into contracts relating thereto, subject, how- 
ever, to the budget and annual appropriation ordinance. j fl 1 he su- 
fpervisors, subject to the budget provisions of this charter, shall, 
for the purpose of maintaining said memorial museum, include in 
each annual budget of city and county expenditures an amount 
sufficient for the maintenance, operation and superintendence 
thereof, not less than forty thousand dollars ($40,000) in each 
annual budget, and such additional amount as is necessary to take 
care of the increased demand for help, buildings, repairs, and care 
of said memorial museum. Such amount shall be credited to and 
deposited in the fund in the treasury of the city and county to be 
Jjmown as the "M. H. de Young Memorial Museum Fund.'^The 
board shall meet for its purposes at least once in three months, 
and at such other times as the president or any three members 
thereof may a'ppoint, in a place to be provided for the purpose. It 
shall appoint a director, curators and a secretary who shall hold 
office at its pleasure. It shall appoint such other assistants and 
employees as may be necessary, who shall be subject to the civil 
ervice and salary standardization provisions of this charterj^ro- 
vided that all such assistants and employees who are actually em- 
ployed, or who may be on military leave of absence from employ- 
ment on the effective date of this amendment and who have been 
continuously employed for one year immediately preceding such 
ale oi' such military leave of absence shall be continued in their 
espective positions as if appointed thereto after examination and 
ertification from a civil service list of eligibles and thereafter 
shall be governed by and subject to the civil service provisions of 
his charter/The secretary shall keep a full account of all prop- 
erty, money, receipts and expenditures and a record of all its 
proceedings, and shall file annually a report with the controller. 

It is the intention that the administration and control of the 
M. H. de Young Memorial Museum shall be continued with the 
powers granted and under the conditions imposed by the terms of 
the donations and accepted by the city and county. 



43 



California Academy of Sciences 

Section 52. The management, superintendence, and operation 
of all buildings and other improvements heretofore or hereafter 
erected by or under the authority of the California Academy of 
Sciences, a non-profit corporation organized under the laws of the 
State of California for the promotion of science, on any property 
owned or controlled by the park commission of the City and 
County of San Francisco, shall be in charge and under the direc- 
tion of said California Academy of Sciences. The buildings and 
improvements hereby referred to include, without limitation, the 
Steinhart Aquarium, the original Natural History Museum and 
the Simson African Hall, located in Golden Gate Park and hereto- 
fore erected by or under the authority of the California Academy 
of Sciences, together with the proposed additions thereto for the 
purpose of housing, among other things, the proposed Alexander 
F. Morrison Planetarium, and a proposed auditorium, if and 
when erected by said California Academy of Sciences. 

In addition to all other approvals required by law, plans for all 
proposed buildings and improvements, including any additions, 
must be approved by the park commission and the art commission. 
The park commission, notwithstanding any provisions of the char^| 
ter to the contrary, is hereby authorized, subject to approval by I 
the board of supervisors by ordinance, to set apart from time to I 
time such portions of property under its control, as may be re- W 
quired for such buildings and improvements, sufficient grounds 1 
being allotted to secure the safety of the same from fire/The t rec-J 
tion of buildings or additions to buildings shall not be starte I by 
the California Academy of Sciences until it shall have subro itted 
a statement satisfactory to the park commission of its ability to 
finance the proposed work to completion. All buildings an i im- 
provements heretofore or hereafter erected by or under the au- 
thority of said California Academy of Sciences in or on pr< perty 
owned or controlled by the City and County of San Francipco are 
and shall become the property of the City and County of San 
Francisco, but said buildings and improvements and all persons 
employed therein or thereabout shall be used and controlled exclu- 
sively by the said California Academy of Sciences under such 
proper rules and regulations as it may prescribe, subject, however, 
to the charter provisions relating to civil service and salary stand- 
ardization with respect to employees of the city and county. The 
board of supervisors shall, by ordinance, prescribe the insurance 
to be furnished by the California Academy of Sciences to save the 
city and county harmless from claims for damages to persons or 
property arising from the construction or use of any of said build- 
ings. No fees shall be charged for admission to said buildings or 
improvements, except that reasonable and appropriate charges 
may be made by said California Academy of Sciences for admis- 
sion to or use of the said proposed Alexander F. Morrison Plane- 
tarium and proposed auditorium. Particular buildings or im- 
provements or portions thereof may be named in memory of per- 
sons designated by said California Academy of Sciences. 



Relevant new sections 
are 5.107 (d) and 
3.1003. Except as 
noted, substance of 
other provisions tote 
enacted into ordinance, 
(see section 5.105 (b) 
and 5.109) 



To be retained — dis- 
position of park lands 
is not a topic for first 
year study. 



W 



To be retained-- 
mandatory appropriations 
are not a topic for first 
year study. 



To be retained-- 
employee status not a 
topic for first year 
study . 

Civil Service exemption 
covered by 3.1003 (a) 



To be deleted — 
provisions are obsolete. 
Employment rights have 
vested and are pro- 
tected. 



To be retained — civil 
service not a topic for 
first year study. 



Not later than the first day of April in each year the California 
Academy of Sciences shall file with the mayor and the board of 
supervisors a statement for the last fiscal year of its expenses and 
income in connection with the use and operation of each of the 
buildings included herein. 

i'unds necessary for the maintenance, operation, and continu- 
ance of said Steinhart Aquarium shall be furnished by the city 
land county to said California Academy of Sciences. The board of 
[supervisors is empowered to furnish to said California Academy 
[of Sciences such funds as the board shall deem proper for the 
[maintenance, operation, and continuance of any or all other of 
lid buildings and improvements heretofore or hereafter erected. 
Such funds shall be appropriated in accordance with the budget 
and fiscal provisions of this charter. 

All positions in said buildings and improvements for which 
funds shall be furnished by the city and county, as aforesaid, shall 
: held by employees of the city and county, with the exception of 
the director, the secretary of the board of trustees of said Cali- 
fornia Academy of Sciences, the curators and other scientific and 
professional personnel, and occupants of part-time positions for 
which a total compensation of less than $80.00 per month is pro- 
fvided by the city and county, inclusive of allowance for mainte- 
lce and other incidental benefits. Any occupant of a position or 
^employee on military leave from a position in any of said build- 
ings or improvements, which position is not within the exceptions 
hereinabove, or was not heretofore subject to the civil service pro- 
visions of the charter, who shall on the effective date of thin 
amendment, be a citizen of the United States, and have been em- 
ployed in such position for one year immediately prior to said 
effective date, shall be continued in such position by said city and 
county on said date, in accordance with the civil service classifica- 
tion of positions as if appointed thereto after examination and 
certification from a list of eligibles, and shall be governed there- 
after by the civil service provisions of the charter. Each such occu- 
pant or employee so employed and each such person on military 
leave shall, for purposes of civil service seniority be deemed to 
have been appointed to such position by the city and county upon 
the date of commencement of his occupancy thereof; provided 
that if such date is prior to January 1G, 1945, the date of com- 
mencement of such occupancy shall for purposes of civil service 
eniority be deemed to be January 16, 1945. Positions held by 
Employees of the city and county at said buildings and improve- 
ments shall be subject to the civil service provisions of this charter 
and the compensation thereof shall be subject to the salary stan- 
dardization provisions of this charter, in like manner and extent 
■•in all respects as positions and compensations of employments in 
[the city and county service generally, notwithstanding anything 
[to the contrary contained in the charter or ordinances of said 
and county. The chief administrative officer shall be the ap- 
pointing officer as provided in this charter. 

Nothing herein contained shall abrogate any trust under and 
by which any property of said California Academy of Sciences 
has been or shall hereafter be accepted by the city and county or 
under and by which it is now orshallhereafterbeheld. 



45 



Sections 53-58 are to be retained in their present 
form. They relate to judicial departments which have 
not been studied in the first year. 



'!' 



CHIEF ADMINISTRATIVE OFFICER 



"\ 



Section 59. The mayor shall appoint a qualified person as 
chief administrative officer, subject to confirmation and approval 
by the board of supervisors. The appointee shall have been 
a resident of the State of California for at least five years im- 
mediately preceding his appointment. The requisite qualifications 
of such appointee shall be administrative and executive ability 
and experience for the position to be filled. 

He shall be subject to suspension and removal in the same 
manner as elective officers. He shall also be subject to removal by 
a vote of not less than two-thirds of the board of supervisors, on 
the basis of written charges, and, if he so request, only after a 
public hearing on such charges before the board of supervisors 
not less than five days nor more than fifteen days after the filing 
thereof, and prior to the date on which the supervisors shall vote 
on the question of his removal, but on the filing of written 
charges, and pending and during such hearing, the supervisors, 
by majority vote, may suspend him from office. The written 
charges and any reply thereto by the chief administrative officer 
shall be entered at length in the journal of the board of super- 
visors. The action of the board of supervisors in removing the 
chief administrative officer shall be final. 

Powers and Duties of Chief Administrative Officer 

Section 60. The chief administrative officer shall be respon- 
sible to the mayor and to the board of supervisors for the admin- 
istration of all affairs of the city and county that are placed in 
his charge by the provisions of this charter and by ordinance, 
and to that end he shall have power and it shall be his duty to 
exercise supervision and control over all administrative depart- 
ments which are under his jurisdiction; to appoint the heads of 
departments xinder his control and the members of advisory and 
other boards provided by this charter or by ordinance to be 
appointed by the chief administrative officer; to prescribe gen- 
eral rules and regulations for the administrative service under 
his control; to have a voice but no vote in the board of super- 
visors, with the right to report on or to discuss any matter before 
the said board concerning the affairs of the departments in his 
charge; to make such recommendations and propose such meas- 
ures to the mayor, the board of supervisors, or committees 
thereof, concerning the affairs of the city and county in his 
charge as he may deem necessary; to coordinate the functioning 
of the several departments of the city and county charged with 
powers and duties relating to control of traffic; and to provide 
for the budgeting and control of publicity and advertising ex- 
penditures of the city and county. 



Relevant new sections 
are 3.210 and 3.207. 
This section and next 
to be deleted as no 
longer applicable. 



46 



e chief administrative officer may designate an officer or an 
oyee in any department under his jurisdiction to exercise 
powers and perform the duties of any county office not 
fically designated by this charter. 

le chief administrative officer may designate the recorder to 
ise the powers and perform the duties of the registrar of 
| and to occupy the offices of registrar of voters and re- 

?r, receiving a single salary therefor to be fixed in accord 
with the salary standardization provisions of this charter. 



re- 
d I 



Administrative Departments Under Chief Administrative Officer 
ction 61. From and after twelve o'clock noon on the 8th | 
Df January, 1932, the functions, activities and affairs of the / 
and county that are hereby placed under the direction of f 
hief administrative officer by the provisions of this charter, j 
the powers and duties of officers and employees charged I 

specific* jurisdiction thereof, shall, subject to the provi- I 
: of section 2 and section 20 of this charter, be allocated by I 
hief administrative officer, among the following departments^ 

partment of Fiaance and Records, which shall include the^ 
tions and personnel of the offices of tax collector, registrar of | 
•s, recorder, county clerk and public administrator, and shall 
lministered by a director of finance and records/who shall be 
inted by the chief administrative officer and hold office at hS| 
rare/ The public administrator shall appoint and at his^ 
rare may remove an attorney. He may also appoint suclf^ 
tant attorneys as may be provided by the budget and annual I 
opriation ordinance. J 

irchasing Department, which shall include the functions and J 
ranel of the bureau of supplies, the operation of central I 
a and warehouses, and the operation of central garages and 1 
s, and shall be administered by the purchaser of supplie^/ 
shall be appointed by the chief administrative officer and I 
hold office at his pleasure. J 

:al Estate Department, which shall include the functions and} 
mnel of the office of the right-of-way agent as established inf 
Dureau of engineering at the time this charter shall go into! 
t, and also the control, management and leasing of the expo- 1 
a auditorium. ^ 

apartment of Public Works, which shall include the functions^ 
personnel of the department of public works, as established] 
ie time this charter shall go into effect, with the exception of' 
tions and personnel which are established by this charter 
;r the management, direction and control of the public utili- 
commission, and which department shall also include thjj 
tions and personnel of the telephone exchangeVThis depart-! 
t shall be administered by the director of public works, who** 
. be appointed by the chief administrative officer and shall J 
office at his pleasure. * 



47 



To be deleted -- see note in 
section 59. 



ITo be deleted -- substance 
of provision to be enacted 

into ordinance (see sections 
5.105(b) and 5.109) 

Relevant new section is 
3.100. 

Relevant new section is 3.100; 



To be deleted — substance 
of provisions to be enacted 

into ordinance (see section 

,109) 

[Relevant new section is 
[3.1001 (b) (2) 

To be deleted — substance of 
provisions to be enacted into 
ordinance. 

To be deleted -- substance of 
provisions to be enacted intc 
ordinance 



Relevant new section is 
3.1001 (b) (2) . 



To be deleted — substance of 
provisions to be enacted into 
ordinance. 

To be deleted — provisisns 
are obsolete. 



To be deleted — substance 
of provisions to be enacted 
into ordinance (see section 
5.105(b) and 5.109) 



To be deleted — substance 
of provisions to be enactad 
into ordinance. 



Relevant new section is 
3.1001 (b) (2) . 



To be deleted — provisions 
are obsolete. 



Relevant new sections are 
3.1001(b) (2) , 3.1003. 



To be deleted — substance 
of provisions to be enact ad 
into ordinance. 



Department of Electricity, which shall include the functions ai 
personnel of the department of electricity as established at ti 
/ time this charter shall go into effect. The department shall 
I administered by a chief of departmenyWho shall, from and aft 
^twelve o'clock noon on the 8th day of January, 1932, have ti 
/powers and duties of the joint board of fire and police comm 
/ sioners composing the joint commission in charge of the depai 
J ment of electricity, at which time the joint commission shall 
(abolished. 

The premises of any person, firm or corporation may, for th 
purpose of police or fire protection, be connected with the polk 
or fire signal or telephone system of the city and county upo 
paying a fair compensation for such connection and the use c 
the same, provided that any such connection shall require th 
approval of the chief of the department of electricity and sha | 
not in any way overload or interfere with the proper and efficien ® 
operation of the circuit to which it is connected. The condition 
upon which such connection shall be made and the compensatio: 
to be paid therefor shall be fixed by the board of supervisors b; 
ordinance upon the recommendation of the chief of the deparl 
ment. 



Department of Public Health, which shall include the function 
^institutions and personnel of the department of public health a 
existing at the time this charter shall go into effect. Said depart 
ment shall be administered by a director of health, who shall b | 
a regularly licensed physician or surgeon in the State of Cali"' 
fornia, with not less than ten years' practice in his profession 
Jmmediately preceding his appointment thereto/He shall be ap»t 
mointed by the chief administrative officer and shall hold office a 
his pleasure,/>rovided that the incumbent health officer at th 
ime this charteer shall go into effect shall be deemed appointet I 
to such office. The director of public health shall have and con I 
tinue the powers and duties of the health officer and the board o: 
health, from and after twelve o'clock noon on the 8th day o 
January, 1932, at which time the terms of members of said boarc 
shall terminate, and such board as theretofore existing shall b< | 
^abolished. 

^The chief administrative officer shall have power to appoint anc ( 
f to remove an assistant director of public health for hospital serv 
ices, who shall be responsible for the administrative and businesi 
management of the institutions of the department of public 
health, including, but not limited to, the San Francisco General 
Hospital, Laguna Honda Home, liassler Health Home, and tlu 
Emergency Hospital Service, and who shall be exempt from th< 
£ivil service provisions of the charter^The position of assistani 
irector of public health for hospital services shall be held onlj 
by a person who possesses the educational and administrative 
qualifications and experience necessary to manage the institutions 
of the department of public health. 



48 



§ 6 



The director of public health shall have power to appoint and 
>move an administrator of San Francisco General Hospital, who 
mil be exempt from the civil service provisions of the charteri 
rovided that the person who has performed the duties of admin 
trator continuously for one year immediately prior to the effee 
ve date of this amendment and who on said date shall be per 
>rming said duties shall be deemed appointed to such position 
id shall not be subject to removal except for cause under the 
rocedures set forth in section 154 of the charter/The position o 
Iministrator shall be held only by a physician or hospital ad- 
inistrator who possesses the educational and administrative 
aalifications and experience necessary to manage the San Pran- 
sco General Hospital. 

Health Advisory Board. There is hereby created a health advis- 
-y board of seven members, three of whom shall be physicians 
id one a dentist, all regularly certificated. Members of the board 
tall serve without compensation. They shall be appointed by the 
lief administrative officer for terms of four years; provided, 
wcver, that those first appointed shall classify themselves by 
t so that the terms of one physician and one lay member shall 
cpire in 1933, 1934 and 1935, respectively, and the term of one 
embers in 1936. 

Such board shall consider and report on problems and matters 
uder the jurisdiction of the department of public health and 
tall consult, advise with and make recommendations to the direc- 
ir of health relative to the functions and affairs of the depart- 
ent. The recommendations of such board shall be made in writ- 
g to the director of health and to the chief administrative officer. 

Coroner's Office, which shall include the functions and person- 
al of the existing office of coroner as established at the time this 
arter shall go into effect. 

County Agricultural Department, which shall be administered 
a county agricultural commissioner and shall include func- 
>ns established by state law and those assigned to it by or in 
cordance with provisions of this charter. 



Department of Weights and Measures, which shall include the 
ictions and personnel of the office of sealer of weights and 
asures as established at the time this charter shall go into effect. 



J 



Relevant new section is 
3.1003. 

To be deleted -- provisions 
are obsolete. 



To be deleted -- substance 
of provisions to be enacted 
into ordinance (see section 
5.105(b) and 5.109) 



49 



§ 61.1 



Relevant new sections 
are 3.500-3.504, 5.105, 
5.106, 3.600-3.602, 
Except as noted, sub- 
stance of provisions 
not inconsistent with 
new sections to be 
enacted into ordinance 
(see sections 5.105(b) 
and 5.109) 



Relevant new section 
is 3.207. 



Relevant new section 
is 3.6Q2. 



PUBLIC WELFARE DEPARTMENT 

f Section 61.1. Subdivision 1. There is hereby established a 
| public welfare department. This department shall consist of a 
I welfare commission of five members, a director of public welfare, 
I and such employees and assistants as may be necessary to carry 
I out the work and functions of said department. 

{ Subdivision 2. The members of the welfare commission shall be 
\ appointed thereto by the mayor and shall be selected for their 
| respective positions on the basis of their interest in and under- 
standing of the problems of public welfare. The members of said 
commission shall serve without compensation and no person shall 
be eligible to serve on said commission while holding a salaried 
public office, position or employment. 

Subdivision 3. The term of office of the members of the said 
commission, subject to the provisions hereof relative to removal 
and the terms of the first members of the commission, shall be 
four years. Within thirty days after this amendment shall become 
effective the mayor shall appoint five members to said welfare 
commission, one member to be appointed for a term to expire on 
the 15th day of January, 1938; one for a term to expire on the 
15th day of January, 1939; one for a term to expire on the 15th 
day of January, 1940, and two for terms to expire on the 15th 
day of January, 1941; and upon the expiration of the terms of 
each of said members of said commission so appointed the mayor 
shall fill the vacancy arising by reason of. the expiration of said 
term by the appointment of a member to said commission for a 
term of four years. Vacancies occurring in the membership of 
said commission shall be filled by an appointment to be made by 
the mayor for the unexpired term of said person in whose place 
said appointment is made; and when the term of any member of 
said commission shall expire, then said appointment shall be made 
for the full period of four years from the date of the expiration of 
the term. All vacancies shall be filled within thirty days of the 
occurrence thereof. 

Subdivision 4. Members of the commission shall be subject to 
^removal from office by the mayor for cause, but only upon written 
charges made and signed by the mayor, copy of said charges to be 
served upon the offending commissioner; and said charges shall be 
heard by the mayor and on said hearing of said charges the said 
commissioner so charged shall have the opportunity to appear and 
Jo be heard. 



("= 



Subdivision 5. The commission shall be a policy-determining 
and supervisory body and shall have all the powers provided for 
in section 19 of the charter. 



50 



Subdivision 6. The commission shall appoint and, subject to 
the budgetary provisions of this charter, fix the salary of a direc- 
tor of public welfare who shall serve at the pleasure of said com- 
mission and shall not be subject to the civil service provisions of 
the charter. Said director shall possess qualifications and exper- 
ience essential to the conduct of a complete program of public 
welfare. Said director shall be the chief executive of the depart- 
ment and shall have all the powers provided for chief executives 
as set forth in section 20 of the charter. He shall be responsible for 
the enforcement of the rules and regulations of the commission 
and, upon the recommendation of the commission, shall have the 
power to establish such divisions and bureaus as may be necessary 
for the administration of relief and welfare in the City and 
, County of San Francisco. 

Subdivision 7. All employees in the public welfare department, 
with the exception of the director thereof, shall be subject to the 
'civil iervice provisions of the charter and, subject to said provi 
sions, the director of public welfare may employ such employees 
as may be necessary for the carrying out of the work and func- 
tions of the department. The functions and duties of the county 
welfare department as established and existing at the time this 
amendment shall go into effect shall be transferred and shall be 
included in the public welfare department and the personnel of 
said county welfare department shall be so transferred and shall 
hold their respective positions under the same conditions and 
upon the same tenure as the same were held in the county welfare 
department. The functions of the Citizens' Emergency Relief 
Committee appointed pursuant to Ordinance No. 19.07120 shall 
be transferred to said public welfare department. 

In all cases where there are no civil service lists available from 
which any position existing under the Citizens' Emergency Relief 
Committee, at the effective date of this amendment, can be filled, 
examinations shall be held by the civil service commission within 
six months after said date to establish a list or lists of eligible* to 
fill said positions. Any person who has served under the general 
supervision of the Citizens' Emergency Relief Committee for a 
period of one year continuously next prior to the effective date of 
this amendment and who shall actually be employed under the 
supervision of said Citizens' Emergency Relief Committee on said 
date shall, upon obtaining a passing mark on any examination 
held by said civil service commission for his position, be allowed 
an additional credit of five per cent (5%) in making up the list of 
eligibles secured by such examination. The civil service commis- 
sion shall be allowed a period of six months from the effective date 
of this amendment within which to classify or reclassify, or hold 
examinations for eligible lists for the positions now existing under 
said Citizens' Emergency Relief Committee, and pending the 
classification of said positions and the holding of examinations 
therefor, where the same is necessary, the incumbents in said 
positions shall be entitled to continue in their positions and re- 
ceive the compensation provided by law for their services. 



Relevant new sections 
are 3.1001 and 3.1003 



To be retained--civil 
service not a topic 
for first year study. 



To be deleted-- 
provj sions are obsolete-- 
employment rights have 
vested and are protected 



} 



51 



To be retained — 
civil service is n:>t a 
topic for first year 
study. 



Relevant new section 
3.400. 



To be deleted — 
provisions are obsolete. 



Subdivision 8. Said public welfare department shall exercise 
all of the functions exercised by the county welfare department 
and by the Citizens' Emergency Belief Committee as the same 
exist at the time this amendment is approved by the Legislature 
of the State of California and shall perform such other duties and 
have such other functions as may be authorized by the board of 
supervisors of the City and County of San Francisco or required 
by the government of the United States or the State of California 
or any department or agency thereof. 

Certain Officer! Made Subject To Civil Service Provision of Charter 

Section 62. Offices heretofore elective which are, by the pro- 
visions of this charter, made appointive, shall come within the 
civil service provisions of this charter and any incumbent in any 
such office at the time this charter became effective on January 8, 
1932, shall, if he has held such office for one year continuously 
prior thereto, be deemed appointed to such position, at his then 
existing salary, under the civil service provisions of this charter, 
and thereafter shall hold office under such provisions; provided 
that such salaries so continued shall apply only to such incum- 
bents as long as they legally hold such positions and, on the ap- 
pointment of a successor to any such incumbent, the salary of 
such position shall be subject to the salary standardization provi- 
sions of this charter. 

Other positions as heads of departments, bureaus, offices or in- 
stitutions which have heretofore been exempt from charter civil 
service provisions, are hereby declared to be subject to the civil 
service provisions of this charter unless specifically exempted, and 
any incumbent in any such position at the time this charter be- 
I came effective on January 8, 1932, shall, if he has held office for 
I one year continuously prior thereto, be deemed appointed to such 
■ position under the civil service provisions of this charter and 
thereafter shall hold office under such provisions. 

Controller — Appointment and Removal 

Section 63. There shall be a controller, who shall be appointed 
[by the mayor, subject to confirmation and approval by the board 

of supervisors. Such appointment shall be made solely on the basis 
' of qualifications by training and experience for the position to be 

filled. He may be removed by the supervisors by a two-thirds vote. 

He shall receive an annual salary of ten thousand dollars ($10,- 

000). 
^The incumbent in the office of auditor on the 7th day of Janu- 
fary, 1932, provided he has held such office for one year continu- 
Jously prior thereto, shall be deemed appointed at his existing 
J salary under the civil service provisions of this charter, to the 
Vposition of county accountant, which position is hereby created. 



52 



General Powers and Duties of Controller ^"^ 

Section 64. The controller shall be the successor of the audi- 
tor, and shall have the powers and duties of a county auditor, 
except as in this charter otherwise provided. He shall be the audi- 
tor and chief accounting officer of the city and county, and shall 
exercise general supervision over the accounts of all officers, com- 
missions, boards and employees of the city and county charged in 
any manner with the receipt, collection or disbursement of city 
and county funds or of other funds, in their capacity as city and 
county officials or employees. He shall have the power and duty 
of prescribing the method of installing, keeping and rendering 
accounts of, and the financial reports to be rendered by, the sev- I 
eral officers, boards and employees of the city. I Relevant new section 

The controller shall keep accounts showing the financial trans- / is 3 . 401 . 
actions of all departments, offices and other subdivisions of the I 
city and county. Such accounts and the accounting procedure I 
shall be adequate to record (a) all budgeted revenues and appro- I 
priations, together with additions or transfers thereto, and to I 
show at all times the amount of encumbrances, expenditures or I 
transfers therefrom, and the balances therein; (b) all revenues 
accrued and liabilities incurred; (c) all cash receipts and dis- 
bursements; and (d), in general, all transactions affecting the 



acquisition, custody or disposition of values. 

Subject to the provisions of this section, the public utilities com 
mission shall maintain separate accounts for each utility in such 
manner as to exhibit exact and complete financial results of 
ownership, management and operation; the actual cost of each 
utility; all costs of maintenance, extension and improvement; all 
operating expenses of every description; the general expenses of 
the commission and bureaus thereof apportioned to each such 
utility; the amount paid or set aside for depreciation, insurance, 
interest and sinking fund; and estimates of the amount of taxes 
that would be chargeable against such property and the revenue 
thereof if privately owned and operated. All accounts shall be 
maintained in accordance with forms and requirements of the 
state railroad commission for public utilities engaged in like char- 
acter of service, in so far as these shall be applicable to publicly . 
owned and operated utilities. '■* 

It shall be the duty of the controller to determine, where prac 
ticable, the unit cost of work done by the city and county for the 
purpose of determining whether similar work could be done under 
public contract at a lower cost. The controller shall devise ade 
quate systems of internal check of all departments and offices of 
the city and county relative to the custody, collection or dis 
bursement of moneys. 






Relevant new section 
is 3.221 (c) . 



Relevant new sections 
are 3.401 and 3.221. 



53 






Controller's Reports 
Section 65. The controller shall annually make a complete 

1 financial report which shall be audited and distributed as provided 
in section 68 of this charter. The controller shall also make a quar- 
terly report not later than the 25th day of the month succeeding 
the last preceding quarter, showing a summary statement of reve- 
nues and expenditures for the preceding quarter and for that por- 
tion of the fiscal year ending on the last day of such preceding 
quarter. Such statement shall include all general and funding 
accounts and shall be detailed as to assets, liabilities, income, ex- 
penditures, appropriations and funds, in such manner as to show 
the financial conditions of the city and county and of each depart- 
ment, office, bureau or division thereof, for that portion of the 
fiscal year to and including the preceding quarter, and with com- 
parative figures for the similar period in the preceding fiscal year. 
The controller shall at the same time prepare statements showing 
at the end of each quarter the cash position of the city and county 
(and the unencumbered balance in each fund). He shall also pre- 
pare quarterly for each of the several funds a summary of the 
resources available and estimated to be collectible, obligations 
authorized and estimated to be expendable, and surplus in such a 
manner as to show the estimated cash position of each fund at the 
end of the fiscal year. He shall also prepare monthly and transmit 
to all department heads concerned, reports showing the allow- 
ances, expenditures, encumbrances and unencumbered balances of 
each revenue and expenditure appropriation. A copy of each such 
quarterly report and special fiscal reports as requested, shall be 
transmitted to the mayor, the board of supervisors, the chief ad- 
ministrative officer, and kept on file in the controller's office. 



e< 

\ ' 

V 



Audits by Controller 

w Section 66. The controller shall audit the accounts of all 

I boards, officers and employees of the city and county charged in 

I any manner with the custody, collection, or disbursement of funds. 

Relevant new sections / The controller shall audit monthly all accounts of money coming 

are 3 . 401 and 4.305. A into the hands of the treasurer. He shall make an audit monthly 

I of each departmental revolving fund authorized by this charter 

1 or by the board of supervisors. 

When requested by the mayor, the board of supervisors, the 
chief administrative officer, or any board or commission for its 
own department, he shall audit the accounts of any officer or 
department, and on the death, resignation, removal, expiration of 
term or retirement of the head of any department or office, or any 
officer or employee charged with the receipt, collection or dis- 
bursement of money, shall make an audit of the accounts of such 
department, officer or employee. 



54 



Custody and Examination of Official Bonds 

Section 67. The controller shall be the custodian of all official 
bonds excepting the bond of the controller, which shall be in th 
custody of the mayor. The controller must at least once in every 

six months examine all official bonds and investigate the suffic- 
iency and solvency of the sureties thereon, and forthwith report 
in writing the facts to the mayor. Upon receipt of such report, the 
mayor shall take such action as shall be necessary to protect the 
city and county, and may require new bonds and may suspend 
any officer or employee until a sufficient bond is filed and ap- 
proved. The mayor shall make similar periodic examination of the 
controller's bond. 

Annual Audits by Supervisors 

Section 68. The board of supervisors shall order an annual 
audit of the controller's books of accounts, records and transac- 
tions, to be made by one or more certified public accountants. The 
report of such auditor or auditors for the fiscal year shall be 
printed and a copy thereof furnished to the mayor, each member 
of the board of supervisors, the chief administrative officer, and 
the controller, and to such citizens as may apply therefor. 

Budget Estimates 

Section 69. The fiscal year for the city and county shall begin 
on the 1st day of July of each year. 

The budget estimate for every department and office of the city 
and county, whether under an elective or an appointive officer or 
a board or commission, and separately for each utility under the 
control of the public utilities commission, shall be filed by the 
executive of such department with, and shall be acted upon by, 
sucn'ooard or commission. All budget estimates shall be compiled 
in such detail as shall be required on uniform blanks furnishe* 
the controllerr^The public utilities commission and the board oi 
educatior?Tnust hold public hearings on their respective budget 



n 



Relevant new section is 
3.401 (f) . 



proposals/bach such elective and appointive officer, board or com 
mission snail, not later than the 1st day of February of each yea* 
file with the controller for check as to form and completeness two 
copies of the budget estimate as approved. 

The chief administrative officer shall obtain in ample time to 
pass thereon budget estimates from the heads of departments or 
offices subject to his control, and, after adjusting or revising the 
same, not later than the 1st day of February he shall transmit 
such budget estimates to the controller. 

The controller shall check such estimates and shall upon his 
request, be furnished with any additional data or information. 
Not later than the 1st day of March of each year he shall consoli- 
date such budget estimates and transmit the same to the mayor. 

He shall at the same time transmit to the mayor a summary and 
recapitulation of such budget estimates, segregated by separate 
departments or offices and units thereof, or by purposes for non- 
departmental expenditures, and arrange according to classifica- 
tion of objects of expenditure, as required by the controller, to 
show the amount of proposed expenditures and estimated reve- 
nues in comparison with the current and previous fiscal years 
expenditures and revenues. 

55 



J 



Relevant new section is 
2.402. 




Relevant new section is 
4.100. 

Relevant new sections are 
3.502 (e) and 4.201. 

^Relevant new section is 
3.504 (f) 
/J^To be retained — board 
of education not a topic 
for first year study. 



Relevant new sections are 
4.200, 4.201 






He shall submit at the same time ( 1 ) statements showing reve- 
nues and other receipts, including the estimated unencumbered 
surplus in any item or fund at the beginning of the ensuing fiscal 

year, segregated according to specific or general purposes to which 
such revenues or receipts are legally applicable, for the last com- 
plete fiscal year and for the first six months of the current fiscal 
year, with estimates thereof for the last six months of the current 
fiscal year, together with estimates of such revenues and receipts 
for the ensuing fiscal year; (2) statements of the amounts re- 
quired for interest on, and sinking fund or redemption of, each 
outstanding bond issue^.and f or- £ax judgments, and other fixed 
charges, together with estimates of 4Qt£rest required on bonds pro- 
posed to be sold during the ensuing fiscal year, and statements of 
the city's authorized debD?'tth~ff judgment* ^outstanding at the time 
the budget estimates are submitted. 11 ''.'','. 

' ■DSH.... . - 

The mayor shall hold such puMijetfrearings on these budget 
estimates as he may deem necessary and may intt&se, decrease or 
reject any item contained in the estimates'/excepting that he shall 
not increase any amount nor add any new item for personal serv- 
ices, materials, supplies or contractual services, but may add to 
the requested appropriations for any public improvement or cap- 
ital expenditure ; but he shall add to requested appropriations for 
any public improvement or capital expenditure only after such 
items have first been referred to the department of city planning 
and a report has been rendered thereon regarding conformity with 
the master plan. It shall be the duty of the department of city 
planning to render its reports in writing within thirty days after 
said referral. Failure of the department of city planning to ren- 
der any such report in such time shall be deemed equivalent to a 
report. The budget estimates of expenditures for any utility, with- 
in the estimated revenues of such utility, shall not be increased by 
the mayor. 



Relevant new 
sections are 
3.231 (c) and 
3.232. 



Capital Improvement Program 

SECTION 69.1. Each officer, board and commission shall annually, on 
For before the first day of October, file with the de- 

partment of city planning a schedule describing all capital improvement proj- 
ects which are proposed for inclusion in the budget for the ensuing fiscal year, 
together with a schedule of all capital improvement projects which in the 
opinion of such officer, board or commission should be undertaken in the 
[five succeeding years. 



56 



The department of city planning shall prepare and submit to the mayor, 
the board of supervisors, the controller, and each officer, board, or commission 
concerned, on or before the 20th day of January, a report recommending a 
program of capital improvements based on the projects submitted. 

The report shall state whether each of the proposed capital improvement 
projects conforms to the master plan, and if 

conflict exists, the report shall give the particulars of the differences between 
the proposed capital improvement projects and the master plan; provided, 
however, that if any such capital improvement project does 
so conflict, it shall be the duty of the department of city planning, prior to the 
submission of its related report, to confer with the officer, board, or commis- 
sion concerned for the purpose of modifying either the project plan or the 
master plan in an endeavor to eliminate conflict as far as may be possible. 

The report shall also include the recommendations of the department of 
city planning for additional capital improvement projects and for the advance 
planning and acquisition of land necessary for the development of all capital 
improvement projects. \ 

Requests for supplemental appropriations for capital improvement proj 
ects, which projects have not been previously submitted to the deartment of 
city planning, shall be subject to all of the provisions herein contained except 
time, and the department of city planning shall report on each such proposal J 
within thirty days from the date that each such proposal is filed with it. 

The board of supervisors shall not appropriate any money for any capita 
improvement project which has not been referred to and reported on by the 
department of city planning in accordance with the provisions of this section J 1 s 



oy\ Rel 

•pt v 

sal J 

tan 
heV 



evant 


new 


section 


2.301 


(i) 




evant 


new 


section 



(c) 



, The department of city planning shall report to the board of supervisors 
within the time limits herein established. 







Relevant new section 
are 3.231 (c) and 
3.232. 



57 



Section 69.2, relating to bond issues for capital 
improvement projects, is to be retained in its 
present form. Bond procedures have not been 
studied during the first year. 



f: 



Relevant 
4.200. 



new section is 






Form of Budget Estimates 
Section 70. The classification of proposed expenditures in- 
cluded in budget estimates shall be uniform for all departments, 
offices, bureaus, divisions and branches. The estimates shall in- 
clude or be accompanied by the following information : 

tl) An itemized estimate of the total expense of conducting 
each department, bureau, division, office or board for the ensuing 
fiscal year, together with a separate schedule of the proposed work 
program. 

(2) Statements of the expenditures by items for the last com- 
plete fiscal year, and for the first six months of the current fiscal 
year, together with an estimate of probable expenditures by items 
for the last six months of the current fiscal year. 

(3) The reasons for proposed increases or decreases, as com-; 
pared with the current fiscal year,. in any items of the proposed 
estimate. 

(4) A schedule of positions and compensations showing any 
increases or decreases requested in the number of positions or 
rates of pay. 

(5) Such other information as the mayor or the chief admin- 
istrative officer may deem desirable. 



59 



Sections 70.1 and 71, relating to salary deduc- 
tions and personal service estimates, are to be 
retained in their present form, except for minor 
conforming amendments. They involve salary pro- 
cedures and have not been studied during the first 
year. 

In section 70.1 the following changes should be 
made to conform to the provisions of new sec- 
tions; 

Sub. 3, line 4: insert "offices, agencies, 
and" before "departments"; delete comma 
after "departments" ; delete "controller" . 

Sub. 3, line 7: insert "offices, agencies, 
and" before "departments" . 

Sub. 3, line 8: delete "and the controller". 



Sub. 6, line 2: delete "controller' 
sert "director of the budget" . 



and in- 



Adoption of the Budget and the Appropriation Ordinance 
Section 72. Not later than the 15th day of April in each year, J 
the mayor shall transmit to the board of supervisors the consoli- I 
dated budget estimates for all departments and offices of, and the V 
proposed budget for, the city and county for the ensuing fiscal I 
year, including a detailed estimate of all revenues of each depart- I 
ment and an estimate of the amount required to meet bond I 
interest, redemption and other fixed charges of the city and 
county, and the revenues applicable thereto. He shall, by message 
accompanying such proposed budget, comment upon the financial 
program incorporated therein, the important changes as com- 
pared with the previous budget, and bond issues, if any, as recom- 
mended by him. 

The mayor shall submit to the board of supervisors, at the time 
that he submits said budget estimates and said proposed budget, 
a draft of the annual appropriation ordinance for the ensuing 
fiscal year, which shall be prepared by the controller. This shall be 
based on the proposed budget and shall be drafted to contain such 



Relevant new sections 
are 4.201 and 4.202. 



59 



See notes on prec ceding 
page. 



provisions and detail as to furnish an adequate basis for fiscal and 
accounting control by the controller of each revenue and expendi- 
ture appropriation item for the ensuing fiscal year. Upon submis- 
sion it shall be deemed to have been regularly introduced, and 
together with the proposed budget, shall be published as required 
for ordinances. 

The detail of the proposed budget to be published shall be as 
follows : 

1. Total cost for conducting each department, bureau, office, 
board or commission for the ensuing fiscal year, segregated ac- 
cording to basic objects of expenditure for each. 

2. A detail schedule of positions and compensations, showing 
any increases or decreases in any department or office. 

3. A detail schedule of items for capital outlay. 

4. The aforementioned consolidated estimates and schedules 
shall also include by items contained therein the following infor- 
mation : 

( a ) Expenditures for the last complete fiscal year. 

(b) Estimated expenditures for the current fiscal year. 

(c) Proposed increases or decreases as compared with the 
budget allowances for the current fiscal year. 

The board of supervisors shall provide printed copies of the 
mayor's budget message and proposed budget thus prepared, in- 
cluding comparative expenditures and revenues for the current 
and preceding fiscal years and other information transmitted 
therewith, for official use and public demand as requested. 

The board of supervisors shall fix the date or dates, not less 
than five days after publication as in this section provided, for 
consideration of and public hearings on the proposed budget and 
proposed appropriation ordinance. 

The board of supervisors may decrease or reject any item con- 
tained in the proposed budget, but shall not increase any amount 
or add any new item for personal services or materials, supplies, 
or contractual services, for any department, unless requested in 
writing so to do by the mayor, on the recommendation of the chief 
administrative officer, board, commission or elective officer, in 
charge of such department. 

The board of supervisors may increase or insert appropriations 
for capital expenditures and public improvements, but shall do so 
only after such items have first been referred to the department of 
city planning and a report has been rendered thereon regarding 
conformity with the master plan. It shall be the duty of the de- 
partment of city planning to render its reports in writing within 
thirty days after said referral. Failure of the department of city 
planning to render any such report in such time shall be deemed 
equivalent to a report. 

The budget estimates of expenditures for any utility, within 
the estimated revenues of such utility, shall not be increased by 
the board of supervisors. 



^ 



60 



After public hearing, and not earlier than the 15th day of May, I 
nor later than the 1st day of June, the board shall adopt the pro- 1 
posed budget as submitted or as amended and shall pass the necesJI 
sary appropriation ordinance. If the appropriation ordinance as^ 
submitted by the mayor is amended by the supervisors, the appro- V- 
priation ordinance shall be readvertised prior to final reading or I 
passage, in the manner required for ordinances. ^J 

Any item in such appropriation ordinance except for bond 
interest, redemption or other fixed charges, may be vetoed in 
whole or in part by the mayor within ten days of receipt by him 
from the clerk of the board of supervisors of the ordinance as 
passed by the board, and the board of supervisors shall act on 
such veto not later than the 20th day of June. 

The several items of expenditure appropriated in each annual 
appropriation ordinance, being based on estimated receipts, in- 
come or revenues which may not be fully realized, it shall be in- 
cumbent upon the controller to establish a schedule of allotments, 
monthly or quarterly as he may determine, under which the sums 
appropriated to the several departments shall be expended. The 
controller shall revise such revenue estimates monthly. If such 
revised estimates indicate a shortage the controller shall hold in 
reserve an equivalent amount of the corresponding expenditure 
appropriations set forth in any said annual appropriation ordi- 
nance until the collection of the amount as originally estimated is 
assured, and in all cases where it is provided by this charter that a 
specified or minimum tax shall be levied for any department the 
amount of the appropriation in any annual appropriation ordi- 
nance derived from taxes shall not exceed the amount actually 
produced by the levy made for said department. The controller in 
issuing warrants or in certifying contracts or purchase orders or 
other encumbrances, pursuant to section 86 of this charter, shall 
consider only the allotted portions of appropriation items to be 
available for encumbrance or expenditure and shall not approve 
the incurring of liability under any allotment in excess of the 
amount of such allotment. In case of emergency or unusual cir- 
cumstance which could not be anticipated at the time of appor- 
tionment, an additional allotment for a period may be made on 
the recommendation of the department head and that of the chief 
administrative officer, board or commission and the approval of 
the controller. After the allotment schedule has been established 
or fixed, as heretofore provided, it shall be unlawful for any 
department or officer to expend or cause to be expended a sum 
greater than the amount set forth for the particular activity 
the said allotment schedule so established unless an additional 
allotment is made, as herein provided. 

Subject to the restrictions hereinbefore in this section included, 
the several amounts of estimated revenue and proposed expendi 
tures contained in the annual appropriation ordinance as adopted 
by the board of supervisors shall be and become appropriated for 
the ensuing fiscal year to and for the several departments, bur 
eaus, offices, utilities, boards or commissions, and for the purposes 
specified, and each department for which an expenditure appro- 
priation has been made shall be authorized to use the money so 



mm 
r in I 

ual/ 



Relevant new section 
is 2.301 (f) 



Relevant new sections 
are 2.305 (b) and 
2.306. 



Relevant new section 
is 4.301. 



Relevant new section 
is 4.203 (b) . 



61 



appropriated for the purposes specified in the appropriation ord- 
inance, and within the limits of the appropriation. The appropria- 
tion ordinance shall constitute the authority for the controller to 
set up the required revenue and expenditure accounts. Appro- 
priation items for bond interest, bond redemption, fixed charges 
and other purposes not appropriated to a specific department 
shall be subject to the administration of and expenditure by the 
chief administrative officer for the respective purposes for which 
such appropriations are made. 



To be retained — the 
section is closely relate' 
to civil service pro- 
cedures, a second year 
topic and therefore nas 
not been studied. 



Changes needed to con- 
form the section to the 
new sections are indi- 
cated in the text. Words 
to be deleted are set 
off in brackets. 



Relevant new section 
is 4.202 (c) . 



.offic 



Of 



Annual Salary Ordinance 
Section 73. The number and rates of compensation for all 
positions continued or created by the supervisors in adopting each 
annual budget, and each annual or supplemental appropriation 
I ordinance, shall be established and enumerated in an ordinance 
[continuing and creating positions in city and county/clepartments <*,»»< 
land office^ and providing the rates of compensation therefor, cmL 
fiich ordinance shall be passed or amended at the same time as 
—e annual or supplemental appropriation ordinance is passed— ^<v - 
Juch ordinance shall be subdivided for eacb/departmentjorogicej a ^ g ^-i- 
bid each organization subdivision thereof. The number of posi- 

' tions enumerated therein shall be segregated by classes according 
to the c ivil service claBsificatinT ^fejrjfllnvmenfty^Tjflj^ 
i in anyjTdepartment Kr offic3 under any such class shall not be 
listed individually or subdivided, except where necessary to show 
I varying rates of pay for employments included in any such class. 
I Bates of compensation enumerated shall be those established by 
salary standardization schedules, and shall not be listed for indi- 
viduals or individual positions, except where the compensation of 
incumbents is higher than the rate fixed by salary standardiza- 
tion, which compensation shall not be reduced so long as the in- 
cumbents legally hold such positions. ^Notwithstanding the pro- 
visions of Section 13 of this charter with respect to amendment of 
sections of ordinanceJJ/Jny change in the number of positions 
allowed for any department or office, and seniority or other com- 
pensation increases authorized as provided elsewhere in this char- 
ter for officers or employees, may be covered by amendment of the 
appropriate item or items of the ordinance herein referred to. 
The said ordinance shall constitute the legal basis for check by the 
civil service commission or the controller as to the legality of the 
creation of any position in the city and county service and the 
rate of compensation fixed therefor. 

Appropriations to Meet Utility Deficits 

' Section 74. In the event the public utilities commission and 
the mayor shall propose a budget for any utility which will exceed 
the estimated revenue of such utility, it shall require a vote of 
jtwo-thirds of all members of the board of supervisors to approve 



62 






such budget estimate and to appropriate the funds necessary to 
provide for the deficiency/Such budget of expenditures in exec 
of estimated revenues may be approved to provide for and include 
proposed expenditures for additions, betterments, extensions or 
other capital costs, in amount not to exceed three-quarters of one 
cent ($.0075) on each one hundred dollars ($100) valuation of 
property assessed in and subject to taxation by the city and 
county, provided that whenever tax support is required for ad- 
ditions, betterments, extensions or other capital costs the total 
provision for such purposes shall not exceed an amount equiva- 
lent to three-quarters of one cent ($.0075) on each one hundred 
dollars ($100) valuation of property subject to taxation by the 
city and county and provided further that proposed expenditures 
for additions, betterments, extensions or other capital costs in 
excess thereof shall require financing by authorization and sale 
of bonds. This section shall have precedence over section 127 of 
this charter and any other section deemed in conflict herewith. 

Warn 
Departmental Revolving Funds 

Section 75. The supervisors, on the recommendation of the J 
mayor, in any proposed annual budget, may, in the approval of / 
such budget and the annual appropriation ordinance therefor, I 
establish departmental revolving funds to be used as petty cash I 
funds for specific purposes and to be subject to settlement with, I 
and audit by, the controller at least monthly, as provided in sec- 
tion 66. The mayor shall recommend and the supervisors shall 
establish revolving funds designated in this charter as the special 
election fund and the purchaser's revolving fund, and they shall 
respectively recommend and establish such revolving funds as 
may be necessary to facilitate the operation of each utility and 
institution of the city and county. J 



To be retained — 
expenditure limita- 
tions not a topic 
for first year study. 



Relevant new section 
is 4.305. 



Appropriation Accounts — Designation of Funds 

Section 76. Accounts shall be kept by the controller showing 
the amount of each class or item of revenue as estimated and ap- 
propriated in the annual appropriation ordinance, and the 
amounts collected. Accounts shall also be kept by the controller of 
each expense appropriation item authorized by the board of 
supervisors. Every warrant on the treasury shall state specifically 
by title and number the appropriation item against which such 
warrant is drawn. 



) 



Each such revenue and expense account shall show in detail the 
amount of the appropriation or appropriations made therefor by 
the supervisors, the amount drawn thereon, the amount of encum- 
brance for purchase orders, contracts or other obligations there- 
tofore certified by the controller as against it, and the unencum- 
bered balance to the credit thereof. This balance shall be the "un- 
encombered balance" as this term is used in this charter. j 



Relevant new sections 
are 3.401 (d) and 4.302 



63 



Relevant new section 
is 4.306. 



Relevant 
is 4.205 



new section 



Transfers 

I Section 77. Upon written recommendation of the chief ad- 
I ministrative officer, or board or commission for the use of which 
I funds have been appropriated, and the approval of the mayor, the 
I board of supervisors may transfer an unencumbered balance, or 
I part thereof, of an appropriation made for the use of one depart- 
I ment, to another. No such transfer shall be made of utility, bond, 
/ school, pension or trust funds, except by way of loans as in this 
Y charter provided. On request of a department head and approval 
i by the chief administrative officer, board or commission, respec- 
tively, and on the authorization of the controller, funds appro- 
priated for a specific purpose of such department which become 
surplus may be transferred and used for another specific purpose 
within the department; provided, however, that such surplus shall 
not be transferred to a capital improvement project unless such 
project shall have been previously approved in accordance with 
the provisions of sections 69, 69.1, 72 or 116.1 of this charter. The 
controller shall prescribe the method to be used in making pay- 
ments for inter-departmental services 

Tax Levy 

^section 78. On or before the 15th day of September of each 
wear, the board of supervisors by ordinance shall levy a tax, the 
/estimated proceeds of which, together with the total amount of 
receipts and revenues estimated to be received from all sources, 
will be sufficient to meet all appropriations made by the annual 
^appropriation ordinance. 

evenue to meet current annual interest and redemption or 
inking fund for outstanding bonds shall always be provided out 
of the tax levy; provided, however, that to the extent to which 
funds are appropriated by the public utilities commission, and 
available for annual interest and redemption or sinking fund on 
bonds issued for acquisition, construction or extension of any 
tility, no tax shall be levied therefor. 

ir The tax levy shall not exceed the rate of one dollar and sixty- 
five cents ($1.65) on each one hundred dollars ($100) valuation 
of the property assessed in and subject to taxation by the city and 
county, exclusive of the following items: (1) State taxes, and 
taxes for the interest and sinking fund on bonded indebtedness of 
the city and county; (2) the cost of constructing, maintaining and 
improving (a) schools, (b) libraries, which tax shall not be less 
than four cents on each one hundred dollars, (c) parks and 
squares, which tax shall be not less than ten cents on each one 
hundred dollars, (d) playgrounds, which tax shall be not less 
than seven cents on each one hundred dollars, (e) for the art com- 
mission for the purpose of maintaining a symphony orchestra 
one-half cent on each one hundred dollars of said assessed valua- 
tion, (f) streets, sewers and buildings; (3) the cost of (a) elec- 
tions, (b) civil service, which tax shall not be less than one-half 
cent on each one hundred dollars, (c) obligations imposed by state 
legislative or constitutional enactment and (d) obligations im- 
osed by vote of the people of the city and county. 



To be retained-- 
earmarking of revenues 
is not a topic for first 
year study. 



Vjosi 



64 



Emergency Reserve Fund 
Section 79. The tax rate may be fixed by the board of super- 
visors so as to produce, by a specifically designated rate, as recom- 
mended by the mayor in any proposed annual budget and the 
appropriation ordinance therefor, an amount necessary for an 
emergency reserve fund, which fund is hereby created, for the 
purposes of meeting any emergency as defined in sections' 16 or 25 
of this charter. Appropriations from such emergency reserve fund 
shall be made only on the recommendation of the department head 
concerned, the approval of the chief administrative officer or the 
board or commission in charge of such department, the recom- 
mendation of the mayor to the board of supervisors that such 
appropriation be made, and the vote of three-fourths of the board 
of supervisors. 

The balance in said emergency reserve fund at the end of any 
fiscal year shall be maintained and carried forward in said fund. 
The annual appropriation for said fund and the annual tax rate 
therefor shall not exceed one per centum of the amount of the levy 
required to meet all other expense appropriations unless and until 
the accumulated and unencumbered balance in said fund shall 
amount to a sum not to exceed three per centum of the tax levy 
required to meet all other expense appropriations in the then cur- 
rent fiscal year. The board of supervisors, on the recommendation 
of the mayor, may make appropriations to and may levy taxes for 
said emergency reserve fund in excess of said three per centum 
of the tax levy for all other purposes 

Fund Balances — Supplemental Appropriations 

Section 80. Unused and unencumbered appropriations or un- 
encumbered balances existing at the close of any fiscal year in 
revenue or expense appropriations of the city and county for any 
such fiscal year, including such balances in revenue and expense 
appropriations provided under the provisions of section 78 of this 
charter for libraries, parks and squares, playgrounds and civil 
service in any such fiscal year, but exclusive of revenue or money 
required by law to be held in school, bond, bond interest, bond 
redemption, pension, trust, utility or other specific funds, or to 
be devoted exclusively to specified purposes other than annual 
appropriations, and together with revenues collected or accruing 
from any source during any such fiscal year, in excess of the esti- 
mated revenue from such source as shown by the annual budget 
and the appropriation ordinance for such fiscal year, shall be 
transferred by the controller, at the closing of such fiscal year, to 
a "cash reserve fund" which is hereby created and which may be 
used only in the manner authorized by section 81 of this charter; 
provided, however, that when the balance in said cash reserve 
fund shall equal ten (10) per centum of the current or the last 
preceding tax levy no such transfer shall be made by the control- 
ler except on the recommendation of said controller, the approval 
of the mayor and the authorization of the board of supervisors, by 
majority vote. 

Such unused and unencumbered appropriations, balance and 
revenue collections in excess of revenue estimates, as hereinbefore 
in this section defined, when not transferred to the cash reserve 
fund as hereinbefore in this section required or authorized, shall 
be held as surplus. 

65 



Relevant new section 
is 4.309. 



Relevant new sections 
are 4.306, 4.307, and 
4.308. 



Relevant 
is 4.304, 



new section 



/ gri 



Such surplus shall be taken into account as revenue of the ensu- 
ing fiscal year; provided, however, that any such surplus created 
in the fiscal year 1933-34 or created or existing in any subsequent 
fiscal year may be appropriated by the board of supervisors at the 
last meeting of such board in any month, by means of an ordinance 
designated as a supplemental appropriation ordinance, on the 
recommendation of the chief administrative officer, or any board, 
commission or elective officer, respectively, and the approval and 
submission by the mayor of a supplemental budget estimate or 
request, in the same manner and subject to the same conditions, 
except time, as provided in this charter for the submission and 
lapproval of the annual budget and the appropriation ordinance. 
^"" Cash Reserve Fund and Temporary Loans 

Tax Anticipation Notes 
Section 81. The board of supervisors, by annual tax levy, may 
gradually build up the cash reserve fund authorized and created 
by the provisions of section 80 of this charter. Said fund shall be 
used exclusively (1) for the payment in any fiscal year of legally 
budgeted expenditures for such year in anticipation of the collec- 
tion, after the close of such fiscal year, of legally collectible taxes 
and other revenues, as set forth in the budget and the appropria- 
tion ordinance for such fiscal year, and (2) for paying that por- 
tion of the authorized expenses of the city and county for any 
fiscal year, which, as certified to said board by the controller, 
becomes due and payable and must be paid prior to the receipt of 
tax payments for such fiscal year; provided, that such cash reserve 
fund shall not at any time exceed the estimated expenditures for 
the first five months of the then current fiscal year, less the 
amount of estimated revenues and receipts from sources other 
than tax rate revenues. 

In the event that funds are not available in such a cash reserve 
fund to meet authorized expenditures of any fiscal year, the board 
of supervisors, on the recommendation of the controller and the 
mayor, and the written approval of the officer, board or commis- 
sion responsible for the management and control of the fund from 
which it is proposed that the temporarily idle balances be trans- 
ferred or loaned may, by ordinance, authorize the treasurer to 
make temporary transfers or loans for specified periods of idle 
unencumbered balances in any fund in his custody, except a pen- 
sion fund, at not less than the then current rate of interest paid 
by the banks to the city and county on city and county funds 
deposited with such banks. Such approval by the officer, board or 
commission concerned shall specify that the amount proposed to 
be transferred or loaned from such fund will not be needed for 
the purpose of such fund prior to the date specified for its return. 
The fund from which such transfer or loan is made shall be 
charged or encumbered with the amount of such transfer or loan 
and such amount shall not be considered as available in such fund 
for any other appropriation or encumbrance for which any ex- 
penditures or payments must be made prior to the date on which 
the transfer or loan is repaid. Any transfer or loan made as herein 
authorized during the first half of any fiscal year shall be repaid 
prior to the 1st day of January of said year, and any transfer or 
loan made during the remaining one-half of said fiscal year shall 



66 



be repaid prior to the 15th day of May of said year. Such loans 
shall be secured by and made solely in anticipation of the collec- 
tion of taxes levied or to be levied for the current fiscal year, and 
such loans shall constitute the first demand on and shall be 
repaid from the first tax collections for such current fiscal year; 
provided, however, that tax anticipation loans made as herein- 
after in this section authorized, shall constitute a prior lien on 
said taxes levied or to be levied or collected. 

When funds shall be needed for the immediate requirements of 
the city and county in any fiscal year in accordance with appro- 
priations made as authorized by this charter for such fiscal year, 
which payments may be made in advance of the receipt of income 
from such fiscal year, and when funds therefor cannot be made 
available as hereinbefore in this section authorized, the board of 
supervisors on the recommendation of the controller and the ap- 
proval of such recommendation by the mayor, shall have power to 
borrow money on notes or other evidences of indebtedness on 
behalf of the city and county. Said power shall be exercised by 
ordinance or ordinances authorizing the borrowing of said money 
and the execution of said notes or other evidences of indebtedness. 
The aggregate amount of such notes or other evidences of indebt- 
edness outstanding and unpaid at any one time during any part 
of the fiscal year in which said borrowing is made shall not be in 
excess of 25 per cent of the estimated aggregate amount of all 

taxes actually levied for such fiscal year. All such notes or other 
evidences of indebtedness shall be offered at public sale by the 
board of supervisors after not less than two days of advertising, 
not less than three days after the last day on which such advertis- 
ing is published. Each s\ich sale shall be made to the bidder offer- 
ing the lowest rate of interest or whose bid represents the lowest 
net cost to the city and county, provided, however, that the rate 
of interest to be paid shall not exceed the sum of six (6) per 
centum per annum, and full authority is hereby given to said 
board of supervisors to fix, by resolution, the rate of interest on 
said notes or other evidences of indebtedness and the times and 
places where the principal sum of said notes or other evidences of 
indebtedness shall be paid. The principal amount of said notes or 
other evidences of indebtedness together with the interest thereon, 
issued and delivered under authority of this section shall be pay- 
able exclusively out of the taxes levied and collected by said city 
and county for the fiscal year during which the same are issued, 
and shall constitute a first lien and charge against the taxes col- 
lected during the half of the fiscal year in which said money shall 
be borrowed and shall be repaid from the first moneys received 
from said taxes; and the amount of taxes so levied and collected 
shall be applied to the payment of said notes or other evidences of 
indebtedness before any part thereof is used for any other pur- 
pose; provided, however, that taxes levied for the payment of 
principal of, or interest on, any bonded indebtedness of said city 
and county now outstanding or hereafter created shall be applied 
to the purpose for which such taxes were levied, unless the money 
borrowed by such notes or other evidences of indebtedness issued 



See note on preceeding 
page. 



67 



See note on preceeding 
page. 



against such tax levies is in fact applied to the payment of the 
principal and interest of such bonded indebtedness. If at the time 
said notes or other evidences of indebtedness, or any of them, be- 
come due and payable the funds in the city treasury available for 
the payment thereof shall be insufficient for the payment in full 
of all of said notes or other evidences of indebtedness than out- 
standing such funds shall be applied pro rata to the payment of 
the principal and interest of all of the notes or other evidences of 
indebtedness then issued and outstanding without preference or 
priority of any one note over any other by reason of prior issu- 
ance, or otherwise. Any of said notes or other evidences of indebt- 
edness not paid prior to June 30 of the fiscal year during which 

the same are issued shall, nevertheless, be paid out of moneys 
received from the taxes of the said fiscal year, irrespective of the 
date of the receipt thereof, it being the intent and purpose of this 
section to provide for the payment of all notes or other evidences 
of indebtedness issued under authority of this section out of the 
taxes levied for the fiscal year during which said notes or other 
evidences of indebtedness are issued irrespective of the actual 
date of the collection of said taxes. 

The board of supervisors shall have full power and authority to 
provide for the form of all notes or other evidences of indebted- 
ness issued by authority of this section, as well as to fix the time 
and place for the payment of both the principal amount of said 
notes or other evidences of indebtedness and the interest to be- 
come due thereon; provided that all notes or other evidences of 
indebtedness issued for money borrowed during the first half of 
any fiscal year shall be payable not later than December 31 of said 
year; and all notes or other evidences of indebtedness issued for 
money borrowed during the second half of any fiscal year shall be 
payable not later than May 15 of such year, it being the intent and 
purpose of this section that the borrowing of money under author- 
ity hereof shall be solely for the purpose of anticipating receipt of 
income. The mayor, in preparing the consolidated budget estimate 
I as provided by this charter, shall include therein a separate 
I amount sufficient to meet the interest to be paid on any moneys 
I borrowed under authority of this section. 






68 



Receipt, Custody and Deposit of Funds, Investment of Trust Funds 
Section 82. Disbursement of all public or other funds in the 
( custody of the treasurer, except reimbursement transfers between 
departments as provided in section 77, shall be made only on war- 
rants drawn by the controller. All moneys and checks received 
by any officer or employee of the city and county for, or in 
connection with the business of, the city and county, shall be paid 
or delivered into the treasury not later than the next business 
day after its receipt, and shall be receipted for by the treasurer. 
Daily statements of such receipts and deposits shall be prepared 
and transmitted to the controller and the treasurer. All pension 
funds and securities shall be deposited with the treasurer. 

The deposit of public funds shall be governed by state law 
enacted under authority of Article XI, Sections 16 and 16y 2 of 
the Constitution. 

The treasurer shall not be responsible for any loss of public 
moneys resulting from a deposit thereof made in accordance with 
the provisions of this section. The treasurer shall be responsible 
for the safekeeping of all securities deposited by banks. The 
transfer of money for deposits shall be at the expense of the 
depositary. 

Funds received as gifts for a specific purpose, by donation, 
bequest, legacy or otherwise, and held in trust for the benefit of 
the city and county may, with the approval of the controller, be 
invested by the officer, board or commission charged with control 
and administration of such trust or funds in securities legal for 
savings banks. 

All interest on moneys deposited shall accrue to the benefit of 
the city and county, except that interest derived from the deposit 
of any bond, utility, pension, trust or other fund created for a 
specific purpose shall accrue to such fund. Public money, other 
than that of the city and county, coming into the hands of the 
treasurer shall be kept as provided by law. 

Custody of Moneys and Securities 
Section 83. The supervisors shall by ordinance provide for 
the safe custody of all money and property in the possession or 
under the control of the treasurer. Pending the adoption of such 
ordinance, moneys and securities in possession of the treasurer 
shall be deposited in a joint custody safe with two combination 
locks, both of which must be unlocked to open the safe. The com- 
bination of one lock shall be known only to the treasurer and one 
deputy in his office selected by him, and the combination of the 
other shall be known only to the controller and such assistant in 
his office as shall be selected by him. The joint custody safe shall 
be opened only in the presence of the treasurer and either the 
controller or the assistant in his office having knowledge of the 
combination, or in the presence of the controller and either the 
treasurer or the assistant in his office having knowledge of the 
combination, and either the controller or the said assistant shall 
attend, at the request of the treasurer, to open the joint custody 



safe. 



69 



J 



Relevant new section 
is 4.300. 



To be deleted — this 
is a subject better 
handled by ordinance 



Relevant new section 
is 4.302. 



To be retained-- 
salary procedures 
not a topic for first 
year study. 



Relevant new section is 4.303 



A complete record of moneys and securities on deposit in the 
joint custody safe shall be kept in a joint custody account and the 
record of any withdrawals shall be verified by the initials of the 
controller or his said assistant and the treasurer or his said assist- 
ant. Money required for current daily payments to be made from 
the treasury may be withdrawn from the joint custody safe and 
deposited in another safe, and the balance thereof shall be verified 
daily at the close of business hours by the treasurer and the con- 
troller. 

Clearing House Representative 
f Section 84. The board of supervisors, by ordinance, upon the 
I recommendation of the mayor, the treasurer and the controller, 
I may designate any bank qualified to be a depositary under this 
^ charter to be the clearing house representative of the city and 
I county, and the city and county may pay a reasonable fee for the 
I service thereof. The necessary procedure shall be provided by 
\ ordinance. 

Expenditures and Payment of Claims 

Section 85. No money shall be drawn from the treasury of 
the city and county, nor shall any obligation for the expenditure 
of any money be incurred except in pursuance of appropriations 
or transfers made as in this charter provided. 

*A11 salaries and wages shall be payable semi-monthly. No salary 
or wage shall be paid in advance. It shall be official misconduct for 
any officer or employee to present or approve a claim for full-time 
or continuous personal service other than in the manner provided 
by this charter. 

"All warrants shall be drawn by the controller, in payment of 
[claims, prepared and signed by the responsible official, for serv- 
ices, supplies and other obligations against the city and county, 
Isupported by proper invoices, bills and other necessary data. 



The controller shall audit such claims. If he finds the same to 
e correct and proper in all particulars, and clearly within the 
purposes for which the appropriation item to which it is charged 
was made, and that there is an adequate balance in such appro- 
priation item to meet the payment, he shall draw and approve 
the warrant therefor. 

If all or any portion of the claim is not correct, or if all pro- 
ceedings required incidental to such payment have not been fol- 
lowed, the controller may approve such part of such claim as he 
shall find correct and draw the warrant therefor, or he may re- 
turn the claim to the department concerned with his disapproval. 

Prior to his drawing any warrant therefor, the controller may, 
in addition to any other inspection required by any other official, 
make such investigation and inspection as he deems necessary as 
to the quality, quantity and condition of services, material, sup- 
plies or equipment received by any officer or department for 
which payment is to be made by such warrant. If, in his opinion, 
any claim is not legal, he shall withhold approval of the same and 



70 



immediately return such claim, together with a statement of his 
action thereon and reason therefor, to the responsible official, or 
transmit the same to the mayor for instructions. No warrant shall 
be drawn in payment of a claim against a fund in which there is 
an insufficient unencumbered balance for the payment thereof. 
Such claims, if legal, shall be registered by the controller in the 
order of receipt by him, and shall be paid in such order as money 
to cover the same become available in the proper fund. 



V 



Section 85.1. The board of supervisors shall have power by 
ordinance to provide the periods when salaries and wages earned 
shall be paid, provided that until such an ordinance becomes 
effective, all wages and salaries earned shall be paid semi-monthly 
as provided in Section 85. Upon the effective date of an ordinance 
adopted in accordance with this section the provisions of Section 
85 relating to the payment of wages and salaries semi-monthly 
shall become inoperative as to employees referred to in said ordi- 
nance. [New section, 1963] 



To be retained — 
salary procedures not 
a topic for first 
year study. 



Limitation on Incurrence of Liabilities 
Section 86. No ordinance or resolution for the expenditure of A 
money, except the annual appropriation ordinance, shall be passed I 
by the board of supervisors unless the controller first certify to I 
such board that there is a sufficient unencumbered balance in a I 
fund that may legally be used for such proposed expenditure, and V 
that, in the judgment of the controller, revenues as anticipated in I 
the appropriation ordinance for such fiscal year and properly I 
applicable to meet such proposed expenditure will be available in I 
the treasury in sufficient amount to meet the same as it becomes I 
due. *r 

No obligation involving the expenditure of money shall be in- 
cusw4 or authorized by any officer, employee, board or commis- 
lon oi the city and county unless the controller first certify that 
there is a valid appropriation from which the expenditure may be 
made, and that sufficient unencumbered funds are available in the 
treasury to the credit of such appropriation to pay the amount of 
such expenditure when it becomes due and payable. 

Every officer who shall approve, allow or pay any demand on~"\ 
the treasury not authorized by law, ordinance or this charter, >» 
shall be liable to the city and county individually and on his of- I 
ficial bond for the amount of the demand so illegally approved, J 
allowed or paid. ^ 

Each such certification shall be immediately recorded by the' 
controller. Each sum so recorded shall be an encumbrance for the 
purpose certified until such obligation is fulfilled, cancelled or 
discharged, or until the ordinance or resolution is repealed by the 
board of supervisors. 

All obligations incurred, all ordinances passed, and resolutions' 
and orders adopted, contrary to the provision of this section, 
shall be void and any claim or demand against the city and county 
based thereon shall be invalid. 



% 

o. y 



Relevant new section 
is 4.307 (b) . 



Relevant new section is 
4.302 



Relevant new section is 
4.311. 



Relevant new section is 
4.302 



Relevant new section 
is 4.310. 



71 



SECTION 87 is to be retained in its present 
form. It relates to claims procedure and 
has not been studied during this first year, 



SECTIONS 88-91 are to be retained in their 
present form except for minor changes to con- 
form them to proposed new sections. They re- 
late to purchasing procedure and have not been 
studied during this first year. 

References to "department head" or "head 
of department" are to be changed to "appropriate 
principal executive." 



SECTION 92 is to be retained, with minor change, 
The disposition of property is not a topic for 
first year study. Each reference to "depart- 
ment" should be changed to "office, agency, or 
department," and "department head" should be 
changed to "principal executive." 



SECTION 92.1 is to be retained, without change. 
The relocation of produce market is not a topic 
for first year study. 



72 



SECTIONS 93 and 93.1 are to be retained, with 
conforming amendments. The disposition of 
property has not been studied during the first 
year. The changes required to conform section 93 
to the proposed new sections are as follows: 

References to "department head" or "head of 
department" should be changed to "appropriate 
principal executive" . 

In section 93, second paragraph, first line, 
delete "public utilities commission" and insert 
"agency with jurisdiction over water resources"; 
in the third paragraph, first line, delete "public 
utilities commission" and insert "agency with juris- 
diction over airport operations", and in lines 7-8, 
delete "public utilities commission" and insert 
"agency" . 



SECTION 94 is to be enacted as ordinance, 



73 



SECTIONS 95-100 are to be retained, with minor 
conforming changes. Contract letting procedures 
are not a topic for first year study. The 
changes required are as follows: 

In sections 96, 97, and 100, references to 
"department", "departments", "departments and 
offices", or "departmental" should be changed to 
"office, agency, or department". 

In section 95, second paragraph, lines 14-16, 
delete "or to the mayor when such work shall have 
been performed by departments not under the chief 
administrative officer" . 

And in section 97, second paragraph, lines 
17-18, delete "as prescribed by section 80 re- 
lative to" . 



SECTIONS 101-I^d are to be retained, without 
change. Bond issue procedures have not been 
studied this first year. 



74 



Director of Public Works 

Section 106. The department of public works shall be in 
charge of a director of public works, who shall be paid an annual 
salary of eight thousand dollars ($8,000). He shall be appointed 
by and hold office at the pleasure of the chief administrative of- 
ficer. The director of public works shall appoint a city engineer, 
who shall hold office at the pleasure of said director. He shall 
possess the same power in the city and county in making surveys, 
plats and certificates as is or may from time to time be given by 
law to city engineers and to county surveyors, and his official acts 
and all plats, surveys and certificates made by him shall have the 
same validity and be of the same force and effect as are or may 
be given by law to those of city engineers and county surveyors. 
[Salary of director of public ivorks now subject to Section 151.1] 

The director of public works shall have and succeed to the 
powers and duties of the board of public works from and after 
twelve o'clock noon on the 8th day of January, 1932, except as 
otherwise provided in this charter, at which time the terms of 
members of the board of public works shall terminate, and such 
board as theretofore existing shall be abolished. 

All examinations, plans and estimates required by the super- 
visors in connection with any public improvements, exclusive of 
those to be made by the public utilities commission, shall be made 
by the director of public works, and he shall, when requested to 
do so, furnish information and data for the use of the supervisors. 

General Law and Ordinance Procedure for Public Works 
Section 107. Where a procedure for the exercising of any 
rights and powers belonging to a city, or a county, or a city and 

county, relative to the establishment or change of grades and the 
lay-out, extension, opening, widening, changing, closing, vacating, 
paving, repaving or otherwise improving streets and highways 
and public places, and constructing sewers, drains, conduits and 
culverts, subways, tunnels, viaducts and bridges, or other public 
improvements incidental or appurtenant thereto, to planting trees, 
constructing parking and removing weeds or the executing of any 
other public work or improvement hereby or hereafter placed 
under the jurisdiction of the department of public works, and the 
payment of damages, or levying of special assessment to defray 
the whole or part of the cost of such works or improvements is pro- 
vided by statute of the State of California, such procedure shall 
control and be followed, unless a different procedure is provided 
in or under authority of this charter or by ordinance continued 
by this charter or any such ordinance hereafter amended or by 
ordinance passed by the board of supervisors, and the board of 
supervisors is hereby empowered to provide by ordinance for any 
such purpose. 

The department of public works shall semi-annually notify the 
tax collector of the amount of each assessment that becomes delin- 
quent and the lot and block number against which such assessment 
is levied, and it shall be the duty of the tax collector to note such 
delinquency on each annual tax bill. 



Relevant new sections 
art 3.600, 3.601, 
3.^003, and 5.105. Ex- 
ce I t as noted, other 
provisions to the ex- 
tent, not inconsistent 
w it;h new sections, to 
t> e enacted into ordi- 
nance (see sections 
5.]Q5 (b) and 5.109) 



See notes to section 
106. 



75 



See notes to section 
106. 



To be retained-- 
street repair obliga- 
tions and procedures 
not a topic for first 
year study. 



To be retained — 
restriction on street 
construction methods 
not a topic for first 
year study. 



Traffic Engineering 

Section 107.1. The department of public works shall have 
powers and duties relating to street traffic, subject to the laws 
relating thereto, as follows: (a) to cooperate with and assist the 
police department in the promotion of traffic safety education; 

(b) to receive, study and give prompt attention to complaints 
relating to street design or iraffic devices or the absence thereof; 

(c) to collect, compile, analyze and interpret traffic and parking 
data and to analyze and interpret traffic accident information; 

(d) to engage in traffic research and traffic planning; and (e) to 
cooperate for the best performance of these functions with any 
department and agency of the city and county and the state as 
may be necessary. 

The department shall submit to the traffic bureau of the police 

department, for its review and recommendation, all proposed 
plans relating to street traffic control devices; provided, however, 
that the bureau may waive submission and review of plans of 
particular devices designated by it. Failure of the said traffic 
bureau to submit to the department its recommenation on any 
proposed plan within fifteen (15) days after receipt shall be con- 
sidered an automatic approval of said traffic bureau. The depart- 
ment shall not, with respect to any traffic control devices, imple- 
ment such plan until the recommendation of the traffic bureau 
has been reviewed or untiUhe fifteen ( 15) day period has elapsed. 
Repair of Accepted Streets 
^Section 108. When any roadway of a street or portion thereof 
for not less than one continuous block has been paved in accord- 
ance with the specifications of the department of public works, 
and is in good condition, and sewer, gas and water pipes have 
been laid therein, the same shall be accepted by the supervisors by 
ordinance on the written certificate of the city engineer, and 
thereafter such portion of the roadway of said street shall be kept 
\in repair and improved by the city and county. It shall be the 
luty of the owner of any property fronting on a public street to 
leep the sidewalk in front thereof in good repair and condition 
I and the board of supervisors is hereby empowered to provide by 
ordinance for the repair of such sidewalks in all cases where the 
owner fails and neglects to repair the same. 

Nothing herein contained shall relieve any railway company 
i from making repairs to the roadway of any street in conformity 
^with the terms of its franchise or as provided by law. 
Specified Types of Street Construction 

Section 109. No patented pavement shall be ordered during 
the existence of the patent therefor, until the owner of such patent 
shall have transferred to the city and county all right to use of 
the same therein, with the privilege to any person to manufacture 
and lay same upon the streets under any contract that may be 
awarded to or entered into by him with the city and county. 



76 



Section 110. 



Section 111. 



Financing Special Assessment Projects 



Limitation on Special Assessments 



To be retained — 
special assessment 
procedures not a topic 
for first year study. 



Sewer, Water and Other Connections 
Section 112. The director of public works shall have author- 
ity, in the manner provided by ordinance by the board of super- 
visors, ( 1 ) to order the laying of sewer, water, gas and other 
mains, conduits or connections, whenever, in view of contemplated 
street improvements or as a sanitary regulation, such construction 
is recommended by the city engineer, and (2) to order that exca- 
vations, fences, embankments or grades on private property in a 
condition deemed by him as endangering the persons or property 
of those using the abutting streets, shall he put in such condition 
as to insure the safety of the public. 

Liability for Damages by Reason of Defective Sidewalks, etc. 
Section 113. If any portion of any sidewalk or street in the 
city and count}- which has been accepted as provided by law shall 
be in such defective condition as to endanger persons or property 
and through the official negligence of the director of public works, 
such defect remains unremedied, unrepaired or unbarricaded, and 
in consequence thereof damage or loss to person or property is 
sustained or suffered, the said director shall be liable to the party 
injured for the damage sustained; provided that a notice in writ- 
ing directing attention to the existence of such defect, and speci- 
fying the particular street and block thereof whereon or wherein 
such defect exists shall have been served upon such director atj 
least five days before such damage shall have been sustained; and 
provided further, that there are at such times funds available to 
the said director for repairing or remedying such defects or barri- J 
cading the same. 

Spur Tracks ^v 

Section 114. The board of supervisors shall refer all requests 
for spur track permits to the director of public works who shall 
grant such permits in all cases where the spur track is to be 
located within a heavy industrial zone, as classified by the city 
planning commission, provided that such spur track shall be so 
constructed and operated as not to establish an unreasonable in- 
terference with the public use of the streets affected. The board of 
supervisors shall refer all other requests for spur track permits to 
the director of public works for report thereon, which shall be 
submitted by him within ten days after such reference, and shall 
not grant permission to lay any spur track until a report thereon 
shall have been received from said director, to the effect that such 
construction and operation will not create an unreasonable inter- 
ference with the public use of the streets affected. 



To be retained as 
ordinance . 



To be retained — 
liability for damages 
not a topic for first 
year study. 



Tc be retained--spur 
track permits not a 
first year topic. 



CITY PLANNING 



Relevant new sections 
are 3.230-3.232, 3.600- 
3.602, 3.X003, 5.105 
and 5.106. Except as 
noted, other provisions 
to the extent not incon 
sis tent with new pro- 
visions, are to be 
enacted into ordinance 
(see sections 5.105 (b) 
and 5.109) 



City Planning Department Established 
^Section 115. There is hereby established a department of city 
planning which shall consist of a planning commission, a director 
of planning and such employees as may be necessary to carry out 
the functions and duties of said department. The city planning 
commission shall consist of seven members, five of whom shall be 
appointed by the mayor. The chief administrative officer and the 
manager of utilities, or their designated deputies, shall be mem- 
bers ex officio. 



TERMS OF MEMBERS 



Ipi 

7th 



The terms of appointive members of the commission shall ex- 
ire one each at twelve o'clock noon on the 15th day of January in 
(the years 1949, 1950, and 1951, and two at said time in the year 
1948. Thereafter, the term of each appointive member shall be 
four years. Present appointees shall continue in office without 
change of incumbency for the existing terms thereof. The mayor 
shall fill all vacancies in office of appointive members of the com- 
mission occurring either during or at the expiration of terms. 



To be deleted-.- 
provisions are 
obsolete . 



PRESENT COMMISSION CONTINUED 

Neither the foregoing provision for addition of members to the 
(commission, nor the addition thereof, nor any change herein pro- 
' vided in the powers and duties of the commission shall be deemed 
to affect the continuity of the existence of the commission as such 
or the status of any matter pending before it. All recorded actions 
of the commission shall remain in force and effect unless and until 
changed by ordinance or by other legal means. 



See notes to 
section 115. 



COMPENSATION 

Ex officio members of the commission shall serve as such with- 
out compensation. The compensation of appointive members of 
said commission shall be fifteen dollars ($15) for each meeting of 
the commission actually attended by said members, provided that 
the aggregate amount paid all the members shall not exceed five 
thousand dollars ($5,000) per year. 

Director of Planning 
^Section 116. The planning commission shall appoint a direc- 
| tor of planning who shall hold office at its pleasure and who shall 
I be a person of adequate technical training and administrative ex- 
I perience in city planning. The director of planning shall be the 
J administrative head and appointing officer of the department of 
4 city planning. The position of director of planning shall not be 
1 subject to any provisions of this charter prescribing a residence 
1 qualification for officers or appointees, provided, however, that 
during his incumbency the appointee to the position shall reside 
in the city and county. The commission may also appoint a secre- 
tary, which appointment shall not be subject to the civil service 
provisions of this charter. Subject to the provisions of section 86 
of this charter, the commission may also contract with architects, 
city planners, engineers, or other consultants for such services as 
i it may require. 



v: 



THE MASTER PLAN 

It shall be the function and duty of the commission to adopt 
and maintain, including necessary changes therein, a comprehen- 
sive, long-term, general plan for the improvement and future de- 
velopment of the city and county, to be known as the master plan. 
The master plan shall include maps, plans, charts, exhibits, and 
descriptive, interpretive, and analytical matter, based on physi- 
cal, social, economic, and financial data, which together present a 
broad and general guide and pattern constituting the recommen- 
dations of the commission for the coordinated and harmonious 
development, in accordance with present and future needs, of the 
city and county and of any land outside the boundaries thereof 
which in the opinion of the commission bears a relation thereto. 

SCOPE OF THE MASTER PLAN 

The master plan shall show the general location, character, and 
extent of existing and proposed street railway, bus, railroad, air, 
water, and other transportation routes and terminals, public 
ways, grounds, and open spaces, and the general location of major 
buildings, structures, and facilities constructed thereon or pro- 
posed, and shall include a land-use plan showing the proposed 
general distribution and the general location and extent of hous- 
ing, business, industry, recreation, education, and other categories 
of public and private uses of land, and recommended standards of 
population density and building intensity, with estimates of popu- 
lation growth and a general description of the amount and gen- 
eral classes of industrial, business and other economic activities 
for which the commission deems that space should be supplied 
within the territory covered by the plan, all correlated with the 
land-use plan. It shall include proposals for the acquisition, exten- 
sion, widening, narrowing, removal, relocation, vacation, aban- 
donment, sale, or change in the use of any of the foregoing public 
ways, routes, grounds, open spaces, buildings, or structures. 

PREPARATION OF THE MASTER PLAN 

In the preparation of the master plan or any amendment there- 
to, the department of city planning is authorized to make or cause 
to be made such investigations, studies, maps, charts, exhibits, and 
reports as it may deem to be required. 

PROCEDURE FOR AMENDMENT 

The master plan may be amended to include at any time modi- 
fications and extensions thereof. Before the commission may adopt 
any substantial extensions of the master plan adopted prior to the 
passage of this amendment or any substantial amendment or ad- 
dition thereto which in the judgment of the commission constitutes 
a major alteration in the plan, it shall hold at least one public 
hearing thereon, notice of the time and place of which shall be 
given by at least one publication in the official newspaper of the 
city and county not less than twenty days before the day of 
hearing. Adoption of the master plan or portions thereof or 
amendments, extensions or additions thereto shall be by resolu- 
tion carried by the affirmative votes of not less than a majority of 
all the members of the commission. Such resolutions shall refer 
expressly to the reports, plans, or descriptive and other matter 
intended to form the whole or part of the plan, and the action 
taken shall be recorded on such documents and an attested copy 
thereof shall be certified to the mayor and the board of super- 



See notes to 
section 115. 



See notes to 
section 115. 



ADDITIONAL, POWERS AND DUTIES 

The department of city planning may make such reports and 
recommendations to the mayor, the board of supervisors, and 
otner officers and agencies as it may deem necessary to secure 
understanding and a systematic effectuation of the recommenda- 
tions of the master plan. The department shall have the power to 
promote public interest in and understanding of the master plan 
and may publish and distribute copies of the plan or any portion 
thereof or of any report and may employ such other means of 
publicity and education as it may deem to be in the public interest. 

The department shall act in an advisory capacity to the board 
of supervisors and other departments, commissions and agencies 
of the city and county in any matter affecting the physical im- 
provement and development of the city and county. All public 
officials shall upon request furnish to the department of city 
planning such information as it may require for its work and 
the department of city planning shall furnish to all departments 
and officials of the city and county such information as said de- 
partments and officials may require concerning the master plan. 
In general, the department shall have such powers as may be 
necessary to enable it to fulfill its functions. 



levant new sec- 
3n is 2.301 (i) ; 
rept as noted, 
ler provisions, 
the extent not 
consistent with 
v provisions, are 
be enacted into 
or linance (see sec- 
tions 5.105 (b) and 
5.109) . 



CAPITAL IMPROVEMENT PROGRAM 

The department of city planning shall be governed by the pro- 
visions of section 69.1 of this charter pertaining to capital im- 
provement projects. 

Mandatory Referrals 
SECTION 116.1. No ordinance or resolution which deals with the acqui- 
sition, extension, widening, narrowing, removal, relocation, vacation, aban- 
donment, sale or change in the use of any public way, transportation route, 
ground, open space, building, or structure, the subjact matter of which has 
not been previously reported on by the department of city planning in accord- 
ance with the provisions of Sections 69, 69.1, 72 or 116.1 of this charter, shall 
be adopted by the board of supervisors unless and until such ordinance or 
resolution shall have first been referred to the department of city planning 
and a report rendered thereon regarding conformity of the matter involved 
to the master plan. If conflict exists, the report 

shall give the particulars of the diligences between the proposal and the 
master plan. 

It shall be the duty of the department of city planning to render its report 
in writing upon any ordinance or resolution to the board of supervisors and 
to the controller within thirty davs after the date of such referral unless a 
longer period is granted by the board of supervisors. ((Failure of the depart- 
ment of city planning to render any such report in such time shall be deemed 
equivalent to a report.)) The department of city planning shall report to the 
board of supervisors within the time limits herein established. 



80 



Zoning — Present Provisions to Apply Pending Ordinance Revision 

Section 117. 



To be deleted — 
provisions are obsolete 



New Provisions for Zone Changes 
Section 117.1. The city planning commission shall consider" 
and hold hearings on proposed changes in the zoning ordinance 
which classifies the uses to which property in the city and county 
may be put, and on the establishment or changing of building set- 
back lines, either on its own motion, or on the application of inter- 
ested property owners or their authorized agents. The board of 
supervisors, by ordinance, shall establish procedure for action on 
such matters. The city planning commission shall give notice of 
time and place of such hearings and shall act upon such applica- 
tions for change within ninety days from the date of conclusion of 
the hearing. Failure to act within said time shall constitute dis- 
approval. If approved, such applications, together with the ap- 
proval of the commission, shall be presented to the board of super- 
visors, which may adopt such changes by a majority vote. If dis- 
approved, the action of the city planning commission shall be 
final, except that appeal may be taken from the ruling of the com- 
mission by filing written protest with the board of supervisors 
within a period of thirty days after the action of the city planning 
commission, and if such protest is subscribed by the owners of 
twenty per cent of the property affected. The board of supervisors 
or the clerk thereof shall set a time and place for hearing such 
appeal, which shall be not less than ten nor more than thirty days 
after such filing. The board must decide such appeal within ten 
days of the time so set for such hearing, provided that, if the full 
membership of the board is not present on the last day on which 
said objections are set or continued for hearing within said period, 
the board may postpone said hearing and decision thereon until, 
but not later than, the full membership of the board is present, 
or the action of the commission shall be deemed to be approved 
by the board, provided, further, that the latest date to which said 
hearing and decision may be postponed on such account shall not 
be more than ninety (90) days from the date of filing of such 
protest. The supervisors may disapprove the action of the comis- 



Relevant new section is 
3.802; many details to be 
retained as ordinance. 



81 



sion on such appeal by a vote of not less than two-thirds of all 
members of the board and adopt such change in said ordinance. 
Any action of the commission so appealed shall not become effec- 
tive unless and until approved by the board within the time afore- 
said. In case of disapproval by the commission or by the super- 
visors on appeal of a proposed change, such proposed change may 
not be resubmitted to or reconsidered by the commission for at 
least one year. [New section, 1948; amended, 1952] 



Sections 117.2 and 117.3 are to be retained 
in their present form. Zoning procedures 
are not a topic for first year study. 

Section 117.2 to be amended to conform to 
other new sections as follows: 

(1) Delete "in the department of city 
planning" in the first sentence. 

(2) Delete "to the director of planning' 
and insert "zoning" between "the" 
and "commission" in the second sen- 
tence . 



Subdivisions and Projects 
SECTION 118. All plats .. of new subdivisions of land, or 

replats of subdivisions laid out in building lots after December 20, 1946, 

Relevant new section 

is. 3.23 2? many details and 

to be retained as located within the city and county limns, shall be submitted in tentative form 

ordinance *° ^ e department °f city planning and the city planning commission shall 

report its recommendations thereon in writing to the agency responsible 
therefor, as provided by ordinance. Should major changes occur after ac- 
ceptance of the tentative map, the final plat shall be submitted for further 
report thereon to the department of city planning. 

All project plans for public and private housing and publicly-assisted 
private housing, and for the clearance, rehabilitation and redevelopment of 
blighted areas, located within the city and county limits, shall be submitted to 
the department of city planning and the city planning commission shall report 
its recommendations thereon in writing to the agency responsible therefor. 
Should major changes thereafter be proposed, those changes shall be sub- 
mitted to the department of city planning for further report thereon. 



82 



Public Utility Policy 



Section 119. It is the declared purpose and intention of the 
people of the city and county, when public interest and necessity 
demand, that public utilities shall be gradually acquired and 
ultimately owned by the city and county. Whenever the board of 
supervisors, as provided in sections 101 to 104, inclusive, of this 
charter, shall determine that the public interest or necessity 
demands the acquisition, construction or completion of any pub- 
lic utility or utilities by the city and county, or whenever the 
electors shall petition the supervisors, as provided in sections 105, 
179 and 180 of this charter, for the acquisition of any public 
utility or utilities, the supervisors must procure a report from the 
public utilities commission thereon. 



^ 



To be retained — 
public utility acqui- 
sition policy is not 
a topic for first 
year study. Reference 
to "public utilities 
commission" to be 
changed to "appropriate 
agency administrator." 



Sections 119.1 and 119.2 relating to the Market 
Street Railway are to be deleted. Their pro- 
visions are obsolete. 



Operation of Cable Can 

Section 119.3. In the conduct of the municipal railway there 
shall be maintained and operated cable car lines as follows : 

1. A line commencing at Powell and Market Streets; thence 
along Powell Street to Jackson Street; thence along Jackson 
Street to Mason Street; thence along Mason Street to Columbus 
Avenue; thence along Columbus Avenue to Taylor Street; thence 
along Taylor Street to a terminal at Bay Street; returning from 
Bay and Taylor Streets along Taylor Street to Columbus Avenue; 
thence along Columbus Avenue to Mason Street; thence along 
Mason Street to Washington Street; thence along Washington 
Street to Powell Street; and thence along Powell Street to Market 
Street, the point of commencement. 

2. A line commencing at Powell and Market Streets; thence 
along Powell Street to Jackson Street; thence along Jackson 
Street to Hyde Street; thence along Hyde Street to a terminal at 
Beach, returning from Beach and Hyde Streets along Hyde 
Street to Washington Street; thence along Washington Street to 
Powell Street; thence along Powell Street to Market Street, the 
point of commencement. 

3. A line commencing at Market and California; thence along 
California Street to a terminal at Van Ness Avenue; returning 
from Van Ness Avenue along California Street to Market Street, 
the point of commencement. 

Notwithstanding the provisions of section 74 of the charter the 
board of supervisors shall have power, and it shall be its duty, 
to provide $855,820 from any funds certified by the controller to 
be legally available for capital costs to accomplish the purpose of 
this section and it shall, for the fiscal year 1955-1956, levy a tax 
to provide any portion thereof not theretofore provided. 

The amounts realized from the sale or disposition of that cer- 
tain parcel of real property situate at the southwest corner of 

83 



To be retained — 
substantive utility 
policy not a topic for 
first year study. 



To be deleted — 
provisions are 
obsolete . 



California and Hyde Streets shall be made available for capital 
costs for the purpose of this section, and shall be in addition to 
the amount specified in the preceding paragraph. 

Proposed expenditures for capital costs in excess of the amounts 
hereinabove specifically provided for shall be subject to the pro- 
visions of section 74 of the charter. 



To be deleted—pro- 
visions are obsolete 



Acquisition of Operative Properties of California Street 
Railroad Company — Operation 



Section 119.4. 



Relevant new sections 
are 5.106 (c) , 5.105, 
3.500-3.504, 3.600-3.602, 
3.1001, and 3.1003. Except 
as noted, the substance of 
provisions are to be enacted 
into ordinance to the extent 
they are not inconsistent 
with new sections . 




Public Utilities Commission 
Section 120. A public utilities commission is hereby created, 
which shall consist of five members, who shall be appointed by 
the mayor and who shall be subject to recall and to suspension 
and removal in the same manner as elective officers. The term of 
each commissioner shall be four years, provided that the five 
commissioners first appointed by the mayor after twelve o'clock 
noon, on the 8th day of January, 1932, shall, by lot, classify their 



84 



§ 120-121 



terms so that the term of one commissioner shall expire at twelv 
o'clock noon on the 15th day of January in each of the years 1933, 
1934, and 1935, respectively, and that the terms of two other 
commissioners shall expire at twelve o'clock noon on the 15th day 
of January, 1936, and on the expiration of these and successive 
terms, the mayor shall appoint their successors for four years. 
The compensation of each commissioner shall be one hundred 



dollars ($100) per month. 



eu , 



General Powers and Duties of Commission 

Section 121. The public utilities commission shall have 
charge of the construction, management, supervision, mainten- 
ance, extension, operation and control of all public utilities and 
other properties used, owned, acquired, leased or constructed by 
the city and county, including airports, for the purpose of sup- 
plying any public utility service to the city and county and its 
inhabitants, to territory outside the limits of the city and county, 
and to the inhabitants thereof. 

The commission shall locate and determine the character and 
type of all construction and additions, betterments and extensions 
to utilities under its control, and shall determine the policy for 
such construction or the making of such additions, betterments 
and extensions from the public funds under its jurisdiction; pro- 
vided that in each such case it shall secure the recommendation 
of the manager of utilities, which shall be presented in writing 
and shall include analyses of cost, service and estimated revenues 
of all proposed or feasible alternatives in cases where it is deemed 
by the manager that such alternatives exist. 

The commission shall also have power to enter into contract, 
for the furnishing of heat, light and power for municipal pur- 
poses, and to supervise the performance and check the monthly 
bills under such contract. 

The commission shall have full power and authority to enter 
into such arrangements and agreements as it shall deem proper 
for the joint use with any other person, firm or corporation own- 
ing or having jurisdiction over poles, conduits, towers, stations, 
aqueducts, reservoirs and tracks for the operation of any of the 
\itilities under its jurisdiction. It may make such arrangements 
as it shall deem proper for the exchange of transfer privileges 



See note to section 120 



Sup. 1W3 



85 



§ 121-122 



To be retained — 
bond debt restrictions 
are not a topic for 
first year study. 



Relevant new 
are 3.600, 3, 
3.1001 and 5, 



sections 
1100-3. IK 

105. 



io be retained — 
utility accounting 
procedures are not a 
topic for first year 
study. 

To be retained — sub- 
stantive utility policy 
is not a topic for 
first year study. Ref- 
erence to "commission" 
to be changed to "ad- 
ministrator of the agency 
to which the project is 
assigned" . 



with any privately owned transportation company or system 
which shall tend toward the betterment of transportation service. 

The commission shall observe all city and county ordinances 
and the regulations of the department of public works relative to 
utility openings, structures and poles in streets and other public 
places, as well as all ordinances and regulations relative to barri- 
cades, construction lights, refilling excavations and replacing and 
maintaining street pavements; and in connection with all such 
matters the said commission shall be subject to the same inspec- 
tion rules and pay fees to the proper department in the same 
manner and at the same rates as any private person or corpora- 
tion. 

The commission shall have charge of all valuation work relative 
or incidental to purchase proceedings initiated by the city and 
county for the acquisition of any public utility. 

'Foreign trade zones, as may be authorized by acts of Congress 
to be located in the city and county, are hereby declared to be 
public utilities within the meaning of this charter. A bonded 
[indebtedness for the construction, completion or acquisition of 
I foreign trade zones and the acquisition of necessary lands, build- 
ings and equipment authorized by the electors in accordance with 
the provisions of this charter shall be exclusive of the bonded 
indebtedness of the city and county limited by this charter. 

Utility Departments and Bureaus 

Section 122. The San Francisco municipal railway, the San 
Francisco water department, the Hetch Hetchy project until the 
completion thereof when it shall be merged with the water depart- 
ment, or until any time prior to completion that the commission 
hall, with the approval of the board of supervisors by a two- 
thirds vote, declare the project merged with the water depart- 
ment, the airport, and any other public utility hereafter acquired, 
jhall each be designated as a department under the commission, 
and, in addition, the commission may create a bureau of engineer- 
ing and such other bureaus as it may deem necessary for the 
handling of matters that do not pertain exclusively to any one 
'utility or department. The salaries and general expenses of the 
commission or bureaus thereof not chargeable to a specific utility 
shall be apportioned fairly among the utilities under the control 
of the commission in such manner as the commission may deem 
appropriate, and such apportionment shall be shown as expenses 
|0 f such utilities. The Hetch Hetchy project shall not be deemed 
'completed until a specific finding of completion thereof has been 
made by the commission and approved by the board of supervisors 
by a two-thirds vote. 



86 



to ] 

fit 



Referendum on Any Lease or Sale of Public Utility Property 
Section 123. The board of supervisors shall have power to 
lease or sell any public utility or any part thereof; provided that 
any ordinance or other measure involving the lease or sale of any 
public utility or part thereof, except as provided in sections 92 
and 93 of this charter, or any ordinance granting any new fran- 
chise for the operation of any public utility whose franchise has 
expired, or is about to expire, must be referred and submitted to 
a vote of the electors of the eity and county at the election next 
ensuing not less than sixty days after the adoption of such ordin- 
ance, and shall not go into effect until ratified by a majority of 
the voters voting thereon. ^/ 

Manager of Utilities and Other Executive Heads A 

Section 124. The public utilities commission shall appoint a 
manager of utilities who shall be the chief executive of the com- 
mission and shall, subject to the approval of the commission, have 
the management of all utilities, bureaus and operations under its 
jurisdiction. He shall be paid an annual salary of twelve thousand 
dollars ($12,000). He shall hold office at the pleasure of the com- 
mission. Subject to the approval of the commission, he shall ap- 
point or remove the heads of departments and bureaus under 
the commission, exclusive of the civil service provisions of this 
charter. The manager of utilities and the heads of departments 
and bureaus shall each possess the necessary executive, admin- 
istrative and technical qualifications for their respective offices. 
The manager shall have full power to administer the affairs of the 
commission as chief executive officer and may, with the consent 
of the commission, act as the head of any department or bureau 
created by this charter or by the commission. The salaries of the 
manager and heads of separate utilities and bureaus shall not 
exceed prevailing salaries paid those holding similar positions 
comparable private employment. 

Employments 

Section 125. All employees engaged in public utility work at 
the time this charter shall go into effect, and who have been perm- 
anently appointed to their respective positions in conformity with 
the civil service provisions of this charter, shall become employees 
of the public utilities commission under the classification held b 1 
each such employee at such time. All persons employed in thi 
operating service of any public utility hereafter acquired by the 
city and county, at the time the same is taken over by the city 
and county, and who shall have been so employed for at least one 
year prior to the date of such acquisition, shall be continued in 
their respective positions and shall be deemed appointed to such 
positions, under, and entitled to all the benefits of, the civil 
service provisions of this charter; provided, however, that no per- 
son who is not a citizen of the United States shall be so continued 
in or appointed to his position. All persons residing outside the 
city and county claiming the benefit of this provision and who 
are not engaged on such utility work outside of the limits of the 
city and county shall be allowed a reasonable time, not exceeding 
one vear, to become residents of the city and county. 

87 



not 
in I 



To be retained--lease 
or sale of utility 
property is not a topic 
for first year study. 



See note to section 120 



To be deleted — provisions 
are obsolete—employment 
rights have vested and 
are protected. 



To be retained — employ- 
ment terms and conditions 
not a topic for first 
year study. 



Persons employed as platform men or bus operators in the 
operating department of the municipal railway system shall be 
subject to the following conditions of employment: The basic 
hours of labor shall be eight hours, to be completed within len 
consecutive hours; there shall be one day of rest in each week of 
seven days; all labor performed in excess of eight hours in any 
one day, or six days in any one week, shall be paid for at the rate 
| of time and one-half. 

For the fiscal year beginning July 1, 1957, the basic hours of 
labor shall be eight hours to be completed within ten consecutive 
hours, provided however, in alternate weeks, there shall be two 
days of rest, consecutive where practicable, and all labor per- 
formed in excess of eight hours in any one day, or after a spread 
of ten consecutive hours in any one day, or five days in any one 
of such alternate weeks, shall be paid for at the rate of time and 
one-half. 

For the fiscal year beginning July 1, 1958, and thereafter, the 
basic hours of labor shall be eight hours, to be completed within 
ten consecutive hours, and there shall be two days off, consecutive 
where practicable, in each week. All labor performed in excess 
of eight hours in any one day, or after a spread of ten consecutive 
hours in any one day, or five days in any one week, shall be paid 
for at the rate of time and one-half. 

Conductors and motormen may be assigned to duty as bus 
operators and while assigned to such duty they shall receive the 
compensation fixed for such service. Such assignment shall be 
governed by seniority of service, subject to a qualifying test by 
the railroad management as to competency and to state laws as to 
qualifications and licensing. 

j The public utilities commission shall have jurisdiction over the 
\ airport now being conducted by the City and County of San 
Francisco, as well as over any other airport which said city and 
county may hereafter acquire, maintain or operate. All em- 
ployees, exclusive of the manager, of the present San Francisco 
airport, who are actually employed at the present airport operated 

iand maintained by the City and County of San Francisco on the 
effective date of this amendment and who have been continuously 
so employed for one year immediately preceding said date shall 
be continued in their respective positions as if appointed thereto 
after examination and certification from a list of eligibles and 
shall thereafter be governed by and be subject to the civil service 
provisions of this charter. All said employees so continued in 
their respective postilions shall be eligible for like positions in any 
other airport hereafter acquired, maintained or operated by the 
City and County of San Francisco. 



Relevant new sections 
are 5.104(e) and 
5.105 (a) (5). 



To be deleted — pro- 
visions are obsolete, 



38 



Employments — Public Utilities to Be Acquired by Lease or 
Other Temporary Arrangement 

Section 125.1. All persons employed in the operating service 
of any public utility hereafter acquired by lease or under any 
other temporary arrangement, under which the city acquires the 
right to operate said utility, shall be continued in their respective 
positions and shall be deemed appointed to such positions under, 
and entitled to all, the benefits of the civil service provisions of 
this charter for the period of time during which. the city shall 
continue to operate said utility under said lease or other tem- 
porary arrangement. Should the city permanently acquire said 
utility, said persons shall come into the permanent employ of the 
city and county in their respective positions and shall be deemed 
permanently appointed thereto under the civil service provisions 
of the charter and shall be entitled to all the benefits thereof, all 
subject to the provisions contained in section 125 of the charter; 
provided, however, that said employees who are taken over into 
the employ of the city under said lease or other temporary ar- 
rangement shall not be subject to the residential qualifications of 
the charter, during the term of said lease or other temporary 
arrangement. All employees of any such utility, acquired or oper- 
ated by the city under any lease or other temporary arrangement, 
who come into the employ of said utility after the temporary 
acquisition of same, shall be subject to the civil service provisions 
of the charter. The civil service rights of any person who comes 
into the service of the city under any lease or other temporary 
arrangement for the acquisition and operation of said utility shall 
cease and terminate upon the expiration of said lease or other 
temporary arrangement. i 

Legal Work of Commission 

Section 126. The city attorney, as the legal adviser of the 
commission, may, with the approval of the commission, com- 
promise, settle or dismiss any litigation or proceedings which 
may be pending for or on behalf of or against said commission 
relative to any matter or property under its jurisdiction. He shall 
detail to the commission such attorneys as the commission may 
deem necessary, subject to the approval of the commission as to 
each such attorney or assistant so assigned. The commission shall 
have authority, subject to the approval of the mayor, to appoint 

special counsel for temporary purposes. The compensation of all 
such attorneys shall be paid by the commission from the revenues 
of the utilities under its jurisdiction. 1 

Operating Expenses and Reserves \ 

Section 127. Receipts from each utility operated by the com- ] 
mission shall be paid into the city and county treasury and main- | 
tained in a separate fund for each such utility. Appropriations 
from such funds shall be made for the following purposes for y 
each such utility in the order named, viz: (a) for the payment of I 
operating expenses, pension charges, and proportionate payments 
to such compensation and other insurance and accident reserve 
funds as the commission may establish or the board of super- 
visors may require; (b) for repairs and maintenance; (c) for 
reconstruction and replacements as hereinafter described; (d) for 1 
the payment of interest and sinking funds on the bonds issued for I 
acquisition, construction or extensions; (e) for extensions and I 
improvements, and (f) for a surplus fund. ftQ ^^ 



To be retained-- 
emj: loyment terms and 
conditions are not a 
tocic for first year 
study. 



To be retained--the 
functions and duties of 
elective officers, in- 
cluding the city attorney 
are not a topic for first 
year study. References 
to "commission" to be 
changed to "agency admin- 
istrator "or "agency" as 
the context requires. 



To be retained — utility 
financing policies are 
not a topic tor first 
year study. 



financing policies are 
not a topic tor first 



changed to "agency 
administrator." 



Depreciation 

^Section 128. For the purpose of computing net income, the 

J commission, on the basis of an appraisal of the estimated hie 

To be retained — utility land the then current depreciated value of the several classes of 

I property in each utility, shall determine the amount of reasonable 
I annual depreciation for each utility. During the fiscal year 1937- 
year s tudy Re f e rences \ 1938 and at least every five years thereafter > the commission shall 
to "commission" to be "' 1 make an appraisal or ma y revise the last preceding appraisal of 

\ the value and probable useful life of each of the several classes 
lof property of each utility, and shall, on the basis of said ap- 
tpraisal, redetermine the amount of the reasonable annual depre- 
ciation for each utility. I 

Reconstruction and Replacements 
Section 128.1. For the purpose of providing funds for recon- 
struction and replacements due to physical and functional depre- 
ciation of each of the utilities under the jurisdiction of the com- 
mission, the commission must create and maintain a reconstruc- 
tion and replacement fund for each such utility, sufficient for 
the purposes mentioned in this section, and in accordance with 
an established practice for utilities of similar character, which 
shall be the basis for the amount necessary to be appropriated 
annually to provide for said reconstruction and replacements. 
Utility Surpluses 
Section 129. If any accumulation in the surplus fund of any 
tility shall, in any fiscal year, exceed twenty-five per cent of the 
total expenditures of such utility for operation, repairs and main- 
tenance for the preceding fiscal year, such excess may be trans- 
ferred by the board of supervisors to the general fund of the city 
and county, and such amount shall be deposited by the commission 
with the treasurer to the credit of such general fund. 
Kates 
Section 130. The commission shall have power to fix, change 
and adjust rates, charges or fares for the furnishing of service 



To be retained --utility 
financing policies are 
not a topic tor first 
year study. References 
to "commission" to be 
changed to "agency" or 
"agency administrator", 
as the context requires 



Relevant new sections 
are 4.205, 3.502, 4.200 
4.201, and 4.202. 



) by any utility under its jurisdiction, and to collect by appropriate 
* means all amounts due for said service, and to discontinue service 
to delinquent consumers and to settle and adjust claims arising 
out of the operation of any said utilities. 

Rates may be fixed at varying scales for different classes of 
service or consumers. The commission may provide for the rendi- 
tion of utility service outside the limits of the city and county 
and the rates to be charged therefor which may include propor- 
tionate compensation for interest during the construction of the 
utility rendering such service. 

Before adopting or revising any schedule of rates or fares, the 
commission shall publish in the official newspaper of the city and 
county for five days notice of its intention so to do and shall fix 
a time for a public hearing or hearings thereon, which shall be 
not less than ten days after the last publication of said notice, 
and at which any resident may present his objection to or views 
V>n the proposed schedule of rates, fares or charges. 



90 



I 



Street Railway 25-Year Operatic Permit 



Section 131. 



Street Railway Extensions and Abandonments 

Section 132. 



Abandonment of Street Car or Other Transportation Service 

Section 132.1. 



"\ 



J 



To be deleted-- 
.-^rovisions are obsolete 



Regulation of Street Railways 
Section 133. The public utilities commission, subject to the 
provisions, limitations and restrictions in this charter contained, 
shall have power to regulate street railroads, cars and tracks; 
to permit two or more lines of street railways operating under 
different management to use the same street, each paying an equal 
portion for the construction and repair of the tracks and appur- 
tenances used by the said railways jointly for such number of 
blocks consecutively, not exceeding ten blocks; to regulate rates 
of speed and propose such ordinances to the board of supervisors 
as are necessary to protect the public from danger or inconven- 
ience in the operation of such roads. 

No person, firm or corporation shall ever be granted the exclu* 
sive right to operate a street or other railroad through, in or 
under any tunnel, subway or viaduct constructed or acquired 
by the levy, in whole or in part, of special assessment upon 
private property for such construction or acquisition. Two or 
more lines of street railways operated under different manage- 
ment may use such tunnel, subway or viaduct for the entire length 
thereof and for five consecutive blocks approaching each end 
thereof, each management paying an equal portion of the ex- 
pense for the construction, maintenance and repairs of the tracks 
and appurtenances used by said railways jointly. The city and 
county in the operation of a municipal railway may use any such 
tunnel, subway or viaduct either singly or jointly with any 
privately operated railway for the entire length thereof and for 
any number of blocks approaching each end thereof; and in case 
of joint use of tracks, shall pay an equal portion of the expense 
for the construction, maintenance and repairs of the tracks and 
appurtenances used by said railways jointly. 

91 



To be retained as ordi- 
nance to the extent not 
obsolete. Reference to 
"public utilities com- 
mission" to be changed 
to "agency administrator 
with jurisdiction over 
street railroads, cars, 
anc tracks . " 



To be retained — 
substantive utility 
poiicy is not a topic 
foi first year study. 



Sections 134-136 are to be retained, with one 
minor change. Schools are not a topic for 
first year study. The following conforming 
amendment would be required: 

In section 136, third paragraph, line 2, in- 
sert "agency administrators and" before"depart- 
ment . " 



Sections 140-157 are to be retained with minor 
conforming changes. Civil service has not been 
studied during the first year. The following 
conforming amendments would be required: 

References to "departments," "of f ices, " should 
be changed to include offices, agencies, and 
departments in sections 141, 142, 143, 144, 150, 
151, 151.3, and 152. 

References to "department head" should be changed 
to "principal executive" in sections 151, 151.3, 
and 151.4.4. 

In section 142, paragraph 9, insert "Subject to 
the provisions of this charter dealing with 
joint service," before "any." 

In section 151.2, lines 1-2, delete "notwith- 
standing..." through "charter." 



Sections 158 through 172 are to be retained in 
their present form except for minor changes to 
conform them to proposed new sections. They 
relate to pension and retirement and have not 
been studied during this first year. 



92 



Re Terences to "departments," or "departments and 
offices," or "offices and departments," should 
be changed to "office, agency, or department" or 
"offices, agencies, and departments", in sections 
165, 165.2, 168.1.8, 168.1.9, 171.1.8, and 
171.1.9. 

In the second paragraph of section 172, the ref- 
erence to section 35 would have to be renumbered. 



Sections 172.1 through 172.1.15 are to be re- 
tained with one minor change. The employees' 
health service has not been studied during the 
first year. 

The following conforming amendment would be re- 
quired: In section 172.1.9, lines 6-7, "chief 
should be replaced by "principal." 



Sections 173 through 186 are to retained, for 
the most part without change. Elections are not 
a topic for first year study. 

The following conforming amendments would be re- 
quired: In section 179, fifth paragraph, lines 
8 and 9, references to sections 25 and 219 would 
require change. 

In section 179, sixth paragraph, line 1, delete 
"chief administrative officer," and lines 2-3, 
delete "or the public utilities commission." 



93 



Sections 187 through 218, relating to the consoli- 
dation of San Francisco and San Mateo County, are 
to be deleted. These sections are obsolete. 



The following sections are to be retained, be- 
cause the subject matter each covers is not a 
topic for first year study: 



Section 219 
Section 220 
Section 221 
Section 222 

Section 222 

Section 223 
Section 224 
Section 225 

Section 226 



travel and expense payment, 
office hours. 

civil service exemption defined, 
prohibited practices of officers 
and employees. 
1: remote interest in contracts 
defined . 

penalty for official misconduct, 
publication defined generally, 
headings and captions of charter 
sections . 

separability and constitution- 
ality. 



No conforming amendments (aside from one potential 
renumbering in section 224) would be required. 



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